' MAULVI ANWARUL HAQ, J.--This I.C.A. Proceeds against judgment dated 1-8-2001 passed by a learned Single Judge, in Chamber, of this Court whereby Writ Petition No,6094 of 2001 filed by the respondent was allowed.
2. The dispute involves interpretation of Regulation No,5 of the Statutes and Regulations of the appellant-University for a degree of LL.B. (three years course). The Regulation provides that a candidate in order to be deemed to have passed the first or second Annual Examination of LL.B.
Would be required to obtain 40% of the maximum number of marks allotted to each paper and 45% in the aggregate. The proviso (a) reads that a candidate shall be deemed to have passed if he fails in any individual paper by a margin of 5 marks or fails in the aggregate by a margin of 5 marks.
3. Now the respondent who appeared in the LL.B. Part-II Examination admittedly secured more than 40% marks in all the papers except paper No,4 in which he got 35 marks. His prayer in the writ petition was that he is entitled to the five grace marks under the said Regulation and in case the said five marks are granted, it shall be deemed that he has passed the said Examination. The plea taken by the appellants was that even if the five marks are granted, the same cannot be added to the aggregate and the result would be the same as the aggregate marks are less than 45%. We are told that the aggregate marks of the respondent are 311 whereas the requisite marks under the Regulation would be 315. Learned Single Judge has held that if the five marks are added in paper-4 then the aggregate would exceed, the prescribed numbers.
4. We must appreciate Malik Tariq Rajwana, learned counsel for the appellants who has himself brought to our notice a Division Bench judgment of this Court in the case of Karim Bakhsh v.
Controller Examination, Islamia University, Bahawalpur and another 1998 M LD 21 wherein a Regulation in pari materia was interpreted. Their Lordships referred to the judgment of the Honourable Supreme Court of Pakistan in the case of Punjab Public Service Commissioner, etc. v. S. Maruf Ahmad Ali PLD 1988 SC 356 held that upon a proper interpretation of the said Regulation, the marks added to the individual paper shall also be reckoned towards the aggregate.
5. Respectfully following the said dictum, we find that addition of five marks to which the respondent is admittedly entitled would make the aggregate marks as 316 which would exceed the required percentage i.e, 45%. The I.C.A. Accordingly is dismissed but the parties are left to bear their own costs.