Law:

Section:

(a) Educational institution-------First Professional M.B.,B.S., Part-I Examination---Paper of Bio-Chemistry---Internal Assessment Marks, awarding of---Conditions---Candidate would not be entitled to get any marks to be included in Theory Part of such paper out of Internal Assessment Marks---.Teacher/Professor attending a student throughout the year would assess his performance as an Internal Teacher and might grant him upto 15 marks---Internal Teacher could grant maximum 10'marks to a student for his performance in theoretical studies and 5 marks for his performance in practical and viva voce---Word "theory" as used in relevant note of Regulations could not be interpreted to include Internal Assessment Marks in Theory Part of such paper---Fifteen marks reserved for internal assessment was absolutely a different entity having no nexus with performance of student during his examination held by the University, whether theory, oral/viva or practical---Discretion of internal teacher to award 15 marks of internal assessment keeping in view performance of student in theory and practical separately---Internal teacher would send such marks to the University to be added to total marks obtained by a student in examination without making bifurcation. Tradex (Pvt.) Limited v. Governor State Bank of Pakistan and another 2003 CLD 756 ref. Messrs Army Welfare Sugar Mills v. Federation of Pakistan 1992 SCMR 1652 and Pakistan v. Salahuddin PLD 1991 SC 546 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Violation of Rules/Regulations by Authority concerned would be condition precedent for maintainability of Constitutional petition. Ali Mir's case 1984 SCMR 433 rel. Muhammad Ahmad Qayyum for Petitioner. Rasaal Hassan Syed for Respondents Nos. 1 to 3. Shoaib Zafar for Respondent No.4. M. Hanif Khatana, Additional A.-G. for Respondent No.5. ORDER The brief facts out of which the present writ petition arises are that the petitioner appeared in 1st Professional M.B.B.S. Part-I, Annual Examination, 2003 and failed in all subjects. Thereafter he appeared in 1st Professional M.B.,B.S. Part-I Supplementary Examination, 2003 held in…

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