| Citation(s) |
|---|
| 2005 SLG 1428 2005 SLD 1428 2005 CLC 1787 |
Lahore High Court
I.C.As. Nos.98 and 93 of 2005, heard on 13-05-2005.
NAZIR AHMAD SIDDIQUI AND SH. AZMAT SAEED, JJ
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I.C.As. Nos.98 and 93 of 2005, heard on 13-05-2005.
NAZIR AHMAD SIDDIQUI AND SH. AZMAT SAEED, JJ
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MEHREEN ZAIDI
VS
UNIVERSITY OF HEALTH SCIENCES, LAHORE through Vice Chancellor and 5 others
Law:
Section:
(a) University of Health Sciences Lahore Regulations-------Rgln. 5(3)(iv)(v)(xii-a, i, j, k)---Law Reforms Ordinance (XII of 1972), 5.3---Intra-Court Appeal---Alteration / correction in marks sheet---Procedure---Grievance of appellants was that the marks awarded to them by external examiner in viva voce were altered in violation of Regulations, with mala fide intention and personal bias and the appellants were declared as fail---Authorities had debarred the concerned external examiner from holding examinations further---Effect---Spirit of Rgln.5(3)(xii)(j) of University of Health Sciences Lahore, Regulations was that even after alteration / correction, the original marks should appear legible so as to give fair, clear, and un-blurring picture of what had been earlier done by the examiner---Policy / rule makers of the University deserved to be appreciated for framing such Regulations but at the same time the office of the Controller of Examinations as well as the examiners failed to discharge their assignment fairly, honestly, justly and diligently in the context of implementation/substantial compliance of the Regulations---High Court observed that if such alarming tendency for not caring the Rules / Regulations aimed at ensuring fair and transparent system of examination was not timely and effectively checked, there would be no end to the allegations / complaints / grievances in the context of malpractice, favouritism, personal bias etc. and the confidence / trust reposed by the public in general and the students in particular in the system of examination would also be awfully impaired---High Court in exercise of Constitutional jurisdiction did not examine the matter in its true perspective hence the suffered from inherent infirmities and was set aside---High Court in Intra-Court Appeal directed the University Authorities to re-assess the appellants on the basis of marks obtained by them in internal assessment ---Intra Court Appeal was allowed accordingly. (b) Administration of justice--- ----When law requires an act to be done in a particular manner, doing otherwise renders the same a nullity in the eye of law. Muhammad Waseem Shahab and Hafiz M. Naveed Akhtar…
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