| Citation(s) |
|---|
| 2009 SLG 456 2009 SLD 456 2009 CLC 163 |
Lahore High Court
Writ Petition No.1446 of 2008, decision dated: 26-08-2008
SYED HAMID ALI SHAH, J
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Writ Petition No.1446 of 2008, decision dated: 26-08-2008
SYED HAMID ALI SHAH, J
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MUHAMMAD AWAIS AKHTAR
VS
BAHA-UDDIN ZAKARIA UNIVERSITY, MULTAN through Vice Chancellor and 2 others
Law: Uniform Semester Rules, 2007
Section: 11(iv)(b)(v),17,13(c)
Law: Uniform Semester Rules, 2007
Section: 11(iv)(b)(v),17,13(c)
Uniform Semester Rules, 2007-------Regln. 11(iv)(b), (v)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Educational Institution---Examination---Petitioner/candidate after qualifying 6th Semester was promoted to 7th semester, but was detained in 7th semester on account of being unsuccessful in 50% of the courses taken by him---Contention of the petitioner was that as per Regulation 11(iv)(b) of Uniform Semester Rules, (2007), a student who secured C.G.P.A. of 2.00 after having been detained in 7th semester would be promoted to the next semester, but petitioner, despite securing C.G.P.A. of 2.3, had been declared failed---Validity---Prevailing rules for the conduct of examination had provided that a student must obtain minimum C.G.P.A. of 2.00 and pass 50% of the course offered for that semester---Passing 50% of the course, in circumstances was mandatory requirement for promotion to the next semester and obtaining C.G.P.A. 2.00 singly was not enough for promotion-Petitioner, no doubt had secured C.G.P.A. of 2.60, but had not succeeded in passing 50% of the courses---Impugned action against the petitioner having been taken according to rules and regulations, same could not be assailed in constitutional jurisdiction of High Court, as dropping of a student from roll of the Department as per regulations, needed strict adherence to keep the standard of education---Petitioner having not succeeded in making out a case of discrimination or unequal treatment, his petition was dismissed. Muzzamil Shehzad v. Bahauddin Zakria University, Multan and 2 others 2006 YLR 370; Sami-ur-Rehman v. V.C., Bahauddin Zakaria University and 2 others 2006 CLC 1501; Bahauddin Zakaria University v. Muhammad Ilyas 2004 YLR 2639; Rashid Nawaz and 7 others v. University of the Punjab through Vice-Chancellor PLD 2007 Lah. 78 and Ali Younis v. Chairman of Academic Council 2000 SCMR 1222 ref. Sh. Jamshed Hayat for Petitioner. Malik Muhammad Tariq Rajwana for Respondents. ORDER SYED HAMID ALI SHAH, J.---Brief facts giving rise to the petition are that the petitioner had joined the respondent university in it's B.Sc. (Chemistry), discipline, comprising of four (4) years…
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