AMIN-UD-DIN KHAN, J. --- Through this writ petition, the petitioner has challenged letter No. 1502/Exams, dated ".6.08.2011 issued by the Assistant Controller of Examinations, Islamia University of Bahawalpur, wherein the petitioner has been asked that he can appear in LL.B, Part III Annual Examination, 2012 and is not eligible to appear in LL.B. Part Ill Annual Examination of 2011.
2. Briefly, the facts of this case are that the petitioner being a student of LL.B. Appeared in Part I Annual Examination, 2009 and declared successful in all the papers. He appeared in LL.B. Part II Supplementary Examination, 2010 and also declared pass in this Examination. Then he applied for LL.B. Part Ill Annual Examination, 2011. Through the impugned letter he was informed that he is ineligible to appear in LL.B. Part Ill Annual Examination, 2011 and he can appear in the LL.B. Part Ill Annual Examination, 2012.
3. The petitioner filed this writ petition and under the order of this Court dated 09.09.2011 he appeared in the Examination of LL.B. Part Ill Annual Examination, 2011 and his result was withheld due to the order of this Court.
4. The comments have been filed by respondent No. 3, who also appeared in person before this Court today.
5. Learned counsel for the petitioner while relying upon "1999 M LD 147 (Khurram Shahzad and others v. University of Peshawar through Registrar and 4 others) and 1997 M LD 1816 (Ghulam Sabia Bhatti v.
Secretary,, Board of Intermediate and Secondary Education, Lahore and 2 others)", has argued that a liberal interpretation of the provisions of rules are required in such-like cases which are beneficial and in the interest of students; that in accordance with Chapter IV, Rule 10, the Paragraph of which is as follows:--- "Notwithstanding anything to the contrary contained in the Regulations, the 'LL.B. Part ll students, who appeared in the Supplementary-biannual examination, shall be permitted to join the LL.B. Part Ill Class provisionally at the time of regular admission to the college and in case they failed to do so they shall lose their right of admission and shall not be allowed to join the College after the declaration of the result of the Supplementary/Annual Examination." admittedly, before passing of LL.B. Part II Annual Examination, petitioner was allowed to join the Classes of LL.B. Part III and he has attended the said Classes for full academic year of Part Ill, and admittedly the petitioner appeared and succeeded in LL.B. Part II Supplementary Examination, 2010 and stood pass.
6. Respondent No. 3, in attendance, states that in accordance with Rules 2, 5 and 10 of Chapter-V, governing the subject i.e. Taking of Bachelor of Law (LL.B.) Part-III Examination, do not permit the petitioner to take Annual Examination of 2011 for Part III of LL.B.
7. When confronted to respondent No. 3 that what was the necessity or interest to allow a student, as he has not passed the Annual Examination of 2010 for LL.B. Part II, to join the Classes for LL.B. Part III. He is unable to response this Court query. In my view, this concession has been given in order to save the precious time of the students . Therefore, I am clear in my mind that when the petitioner has been declared pass in LL.B. Part II Supplementary Examination of 2010 and he has attended the Classes under this provision of law, therefore, declaring him ineligible through the impugned letter is not sustainable, specially in the light of case-law referred to by learned counsel for the petitioner while liberally interpreting the provisions governing the Examinations of LL.B. Part III.
8. In the above terms, this writ petition is allowed and the impugned letter is declared to be without lawful authority. The respondents are directed to announce the result of LL.B. Part III Examination of petitioner for which he has already undergone. .