Case Details

Citation(s)
2007 SLG 967 2007 SLD 967 2007 CLC 1055 2007 PLJ 706
Lahore High Court
Writ Petition No.8388 of 2006, decision dated: 12-02-2007
SH. AZMAT SAEED, J

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UNIVERSITY OF HEALTH SCIENCES through Vice Chancellor

VS

Dr. AZEEMUDDIN ZAHID and another

Law: University of Health Sciences, Lahore Regulations

Section: 7(a),7(b),7(c),7(d),7(e),7(f)

Law: University of Health Sciences, Lahore Regulations

Section: 7(a),7(b),7(c),7(d),7(e),7(f)

Law: Constitution of Pakistan, 1973

Section: 199

University of Health Sciences, Lahore Ordinance (LVIII of 2002)-------S. 7---University of Health Sciences, Lahore Regulations, Regln. No.7(a) to (f)---Punjab Office of the Ombudsman Act (X of 1997), S.10(9)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Application for re-checking of marks on answer papers---Rejection of application by University---Complaint to Ombudsman---Direction of Ombudsman to University to produce answer-papers of petitioner to determine, whether conditions mentioned in Regln. No.7(a) to (f) of University of Health Sciences, Lahore Regulations, had been fulfilled---Validity---Powers exercisable by functionary of University could be exercised by Ombudsman in view of specific powers conferred upon him by virtue of S.10(9) of Punjab Office of the Ombudsman Act, 1997---Impugned order had been passed merely to ascertain that every question attempted had in fact been checked and marked, and there was no arithmetical error in tabulation of total marks---Ombudsman could examine answer papers for such limited purpose and strictly in accordance with law laid down by Supreme Court in a case reported as 1996 SCMR 676---Constitutional petition had been directed against an interlocutory order---High Court dismissed constitutional petition in circumstances. Board of Intermediate and Secondary Education Lahore v. Saima Azad 1996 SCI1R 676 fol. Asif Ismail for Petitioner. Malik Zafar Iqbal Awan, Addl. A.-G. for Respondent. ORDER SH. AZMAT SAEED, J.---This writ petition is directed against the interim order, dated 17-7-2006 passed by respondent No.2 directing the petitioner university to produce the answer books of respondent No.1 to determine whether the conditions mentioned in Regulation 7(vii)(a to f) of the University have been fulfilled. 2. Facts of the case are that Dr. Azeem-ud-Din Zahid, hereinafter to be referred as respondent No.1, appeared in. 2nd Annual, 2005 examination for the qualification of Master in Public Health conducted by the petitioner-University and failed in two papers namely Public Health Policy and Management and Epidemiology. Being aggrieved respondent No.1 filed an application before the University…
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