Through this writ petition, the petitioner has prayed for grace marks in Paper-V of LLB Part-I.
2. The cause of action as given in this petition is that the petitioner is a student of LLB Part-II in Millat Law College Bahawalpur, affiliated with Islamia University Bahawalpur. The petitioner submitted admission form for Annual Examination LLB Part-I in the year 2011 but failed in Paper V (law of Tort and Easement-I). The petitioner appeared in Supplementary Examination, 2011 but could not pass the said paper again. The petitioner then appeared in Annual Examination, 2012 and obtained 39 marks short by one mark to be successful in the paper as required passing marks were 40. The petitioner submitted application for rechecking of the paper but the obtained marks, after rechecking of the paper, were found to be correct. The petitioner also filed application for grant of one grace mark to him and declare him successful in the examination which remained unattended. Hence this writ petition.
3. Learned counsel for the petitioner submits that the petitioner appeared three times in LLB Par-I but could not, succeed in one paper, i,e, Paper V, otherwise, the aggregate is complete; that if the petitioner is granted just one grace mark in Paper V, he may be successful otherwise he will have to appear in all the subjects; that the petitioner is a poor person whose future is at stake for just want of one number; that upto five marks can be given to a candidate as per University Rules. Learned counsel prays that this writ petition be allowed and the petitioner be granted one grace mark enabling him to continue his studies. He has relied upon the dictums laid down in case titled "Karim Bakhsh Vs. Controller Examination, Islamia University, Bahawalpur and another (1998 M LD 21)" and Bahauddin Zakriya University through Vice Chancellor and another Vs. Muhammad Waseem Khan (2005 YLR 1197).
4. On the other hand, learned Legal Adviser for the respondent University has vehemently opposed this writ petition. He argues that under the Examination Rules and Regulations, grace marks are given to rightful candidates by the University but not to those who appear in the examination in parts. He maintains that since the petitioner has appeared in the examination in parts, he is not entitled to the grace marks and will have to appear now in all the subjects as per Examination Rules and Regulations of the University. He prays that this writ petition having no merit be dismissed.
5. I have heard the arguments put forth by learned counsel for the parties and also perused the record made available before me.
6. The petitioner has admittedly appeared three times in Part-I of LLB Examination. Firstly, he passed all subjects except Paper V (Law of Torts and Easement-I). In second and third attempts, he could not pass Paper V. In the third attempt, he obtained 39 marks short by one mark of passing marks being 40 marks. Under the rules, he was required to clear all the subjects of LLB Part-I in three chances but he could not do so. The only prayer of the petitioner is that he be granted one grace marks so that he could avoid appearance in all the subjects of LLB Part-I.
7. There is no denial that the petitioner has appeared in the said examination in parts, as such, the proviso under Section 5, Chapter 3 of Examination Rules is attracted to this case. The said proviso states that "provided further that the grace marks shall not be awarded to any said proviso, the petitioner is not entitled to the grant of grace marks. I am guided by the dictums laid down by this Court in case titled "Jan Muhammad Vs. The Vice Chancellor, Bahauddin Zakariya University (2004 CLC 822)" wherein it has been held that "I am afraid that the language of the regulation is absolutely clear .If a candidate appears in an examination, may be in all the subjects but if he fails to qualify in any one of the subjects and he had to re-appear in those subjects, his case would fall "in parts" and he would not be entitled to any grace marks, However, if a candidate appears in all the subjects for the first time and he is short of jive marks either in any one or more subject or he is short of five marks in his aggregate, then he is entitled to secure five grace marks. "From the aforesaid, it is clear that any candidate who appears in all subjects but fails in one or more subjects and again appears in the failed subjects, he will be deemed to have appeared in parts and will not be entitled to the grace marks. The case law relied upon by the petitioner does not attract to the case in hand as in the case 1998 M LD 21 supra, the petitioner had re-appeared in all subjects whereas the petitioner of this case has appeared in parts. In this view of the matter, I do not find any merit in this writ petition which is accordingly dismissed.