| Citation(s) |
|---|
| 2007 SLG 2361 2007 SLD 2361 2006 CLC 1920 2007 PLJ 349 |
Lahore High Court
Intra-Court Appeal No.1099 of 1998, heard on 29-06-2006.
MUHAMMAD MUZAMMAL KHAN AND SYED SHABBAR RAZA RIZVI, JJ
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Intra-Court Appeal No.1099 of 1998, heard on 29-06-2006.
MUHAMMAD MUZAMMAL KHAN AND SYED SHABBAR RAZA RIZVI, JJ
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SUMAIRA LIAQAT
VS
D.S.E.
Law:
Section:
(a) Educational institution-------Examination---Reduction in marks obtained by candidate---Reassessment of script/answer paper---"Re-assessment" and "re-checking" of script---"Connotation"---Rectification of mistakes under Rule 13, Faisalabad Board of Secondary Education Rules---Applicability---Petitioner according to original result, stood first in middle standard examination but subsequently the Board of Secondary Education issued letter to petitioner whereby she was declared to have obtained third position---Petitioner filed constitutional petition and challenged the impugned letter issued by Board through which petitioner's numbers were reduced and she was declared at third position---Petition was dismissed by High Court with observation that no paper/question was re-assessed rather mistake in calculation had been corrected---Validity---Under Rule 7 of Faisalabad Board of Secondary Education Rules, re-assessment of script was not allowed in any circumstance, however re-checking was allowed subject to payment of prescribed fee and request made within 20 days of declaration of result and Rule 13 allowed rectification of any mistake on account of any clerical mistake or wrong interpretation of any rule---Issue raised before Court did not relate to any mistake on account of any clerical mistake or wrong interpretation of any rule rather it related to result of-petitioner and others who were declared first, second and third respectively after declaration of original result---Under rule 13 of Faisalabad Board of Secondary Education Rules power to rectify any mistake was given to Director of Board of Secondary Education and not to the Assistant Director---Rule 13' did not show that Assistant Director would be read as Director or vice versa---"To rectify" meant to right something that was wrong or to correct something and in petitioner's case Rule 13 was applicable---Impugned order/letter through which petitioner was informed about change in her result did not show that decrease in the numbers was a result of re-assessment or rechecking---Petitioner was informed through impugned letter about change in her result without giving any reason, notice or affording her…
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