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2008 YLR 2044

FALAK SHER vs VICECHANCELLOR, BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN

Citation2008 YLR 2044
CourtLahore High Court
Case No.Writ Petition No,1969 of 2008
Date2008-05-08
Judge(s)Rana Zahid Mahmood
ResultPetition dismissed

ORDER

' RANA ZAHID HUSSAIN, J.----Through this constitutional petition, the petitioner has challenged paper of Islamic Jurisprudence (New Course) of LL.B. Part-I) as the petitioner, being a student of LL.B. (Part-I) of Multan Law College, Multan, appeared in the 1st Annual Examination 2007 on Roll No,896 held in January-February, 2008, conducted by Bahauddin Zakariya University, Multan, through the respondents Nos.1, 2 and 3. Crux of the grievance of the petitioner is that in said paper 35% of questions were out of course and in this way the petitioner and several other students of LL.B. (Part-I) of Multan Law College apprehend loss in their positioning the over all results of LL.B.

(Part-I).

2. Petitioner who is present in person, has submitted that he is an employee in PTCL as Engineer and is students of LL.B. (Part-I) of Multan Law College, Multan, in the evening classes and submitted that the prospectus furnished by the College along with curriculum for Paper-II of Islamic Jurisprudence did not contain question relating to Qanun-eShahadat, Administrative Law and other procedural laws, whereas, according to him, question No,5 of Islamic Jurisprudence Part-II along with Questions Nos.7, 8 and 10 were out of the course and submitted that he has appended with the petition unattested photocopies of said curriculum, syllabus for Part-II of Islamic Jurisprudence and submitted that an application was filed by the petitioner and 17 other students to the ViceChancellor/respondent No,1 of Bahauddin Zakariya University but no reply was received neither the grievance has been redressed. He referred to an unattested photocopy of such an application to the Vice-Chancellor by the petitioner placed on record as Annex "H" filed on. 3-4- 2008. The petitioner has submitted that since the result of the examination held in January- February, 2008 is expected within 3/4 days, therefore, due to non-attendance of the grievance of the petitioner and others, petitioner is left with no choice but to file the present petition.

3. I have heard the petitioner at length and have made several relevant queries from him on the question in issue. In answer to one of the queries the petitioner has stated that he has attempted four questions from said paper of Islamic Jurisprudence, which were according to the syllabus and question No,8 answered by him was out of the course. Since, as according to the petitioner's own claim, he has attempted four questions out of said paper which were according to the syllabus and only one question allegedly attempted and answered by him No,8 was out of syllabus, therefore, at least the petitioner cannot claim to have been affected by said paper to the extent allegedly or facing questions allegedly out of course to the extent of 35%. As regards some other students who are stated to be 17 in number, who faced difficulty allegedly on said paper are neither petitioners before this Court nor the petitioner holds any Mukhtarnama, general or special on their behalf, therefore, petitioner has to keep himself to the extent of his own case.

4. I may mention that since no attested or certified copy of any approved syllabus or curriculum issued by the College concerned in which the petitioner is studying as a student of LL.B. (Part-I) or issued by the respondent/University is available on record, therefore, there is nothing on record of this writ petition to ascertain that Islamic Jurisprudence Paper-II of LL.B. (Part-I) .1st Annual held in January-February, 2008 was partly out of course. According to petitioner's own contention final result of LL.B. (Part-II) is almost ready for publication/declaration within 3/4 days, therefore, as well petitioner has no case who has come to the Court quite at a belated stage. If the petitioner and others who were allegedly affected by the said paper would have come within reasonable time of filing of application to the respondent No,1 for redressal of grievance, at least one could call for some reply or comments from the respondents and that too after taking into consideration the attested or certified copies of syllabus approved by the respondents for Islamic Jurisprudence Paper-II of LL.B. (Part-I) as in the absence thereof even at an earlier stage it could be said that petitioner had no case even for calling a reply and parawise comments from the respondents. I am, therefore, of the considered opinion that petitioner has no case and the filing of the petition in this Court apparently is not in good faith as well. Petition has no merit and is, therefore, dismissed in limine.

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