' MAULVI ANWARUL HAQ, J,- This case was heard at some length on 23-6-2006. The petitioner is a student of BBA class in the respondent-university. This course is comprised of six semesters running from 2003 to 2006. The petitioner appeared in his four semester examination. Whereas he was declared pass in first three semesters, the respondent proceeded to declare him failed in the 4th semester on the ground that he had obtained less than 60% marks. Feeling aggrieved of the said policy the petitioner filed W.P. No,3205 of 2005 in this Court. This case was decided vide judgment dated 8-6-2005 (Annex-A) Writ petition was allowed and the respondents were directed to declare the result of the petitioner by evaluating papers on the basis of 50% marks.
2. According to the learned counsel for the petitioner although he was promoted to next semester i.e, 5th semester and he also appeared in examination and then he was promoted to 6th semester and also undertook examination but his result was not announced. Present writ petition was filed with the prayer that the respondents be called upon to announce the result so that the petitioner may know whether he has passed the said entire examination and if not whether he requires to join summer camp to prepare in the failing subject. Upon direction issued by this Court, the results were produced. According to these whereas the petitioner has passed first, second third and sixth semester in all the courses, he was declared failed in "Introduction to Business Finance" (4th semester) and "Business Institute" (5th semester).
3. Learned counsel contended that since it was not the fault of the petitioner that his result was not declared, he is entitled to an opportunity to join summer camp so as to save one year of his studies as it will be enabling him to appear in the relevant examination within this year.
4. Mr. Tariq Rajawana, Advocate, with reference to the applicable rules contended that unless and until group of 10 students of a particular course is available, such a course cannot be provided in the summer camp. Today Mr. Muhammad Amir Bhatti, Advocate is stating that apart from his client five other students also want to take the said course of "Introduction to Business Finance"
(4th semester) and they are further ready to pay the amount to the respondent-University so as to make up the total fee of 10 students for the course. Learned counsel for the respondent is reluctant to accept the said offer. According to him there is no provision in the rules for the same. I called upon the learned counsel for the respondent to state as to what is wisdom behind the number of students fixed for the purpose of providing course during the summer camp. As to my mind, the only reason can be that the expenses to be incurred by the university are to some extent reimbursed. To my mind it will be just and appropriate to allow the said prayer of the petitioner in the particular circumstances of the case when despite orders passed by this Court he was not informed well in time regarding his result so as to enable him to join regular course at a proper point of time.
5. Writ petition is disposed of with direction that the petitioner to make such deposit as stated by his learned counsel and upon the said deposit, if made, the said course for "Introduction to Business Finance" (4th semester) be made available by the respondent-University in the manner prescribed. Mr. Tariq Rajwana, Advocate, shall convey to the respondents to prepare result in strict accordance with the orders contained in the said judgment of this Court in W.P. No,3205 of 2005.