SAYYED MAZAHAR ALI AKBAR NAQVI, J. -- By means of instant Constitutional petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner' has made prayer in the following terms:--- "It is therefore most respectfully prayed that petition in hand may kindly be accepted and impugned letter vide diary No. 9668, dated 26.12.2017 passed by the respondent No. 2 may kindly declared illegal, unlawful and without jurisdiction and may also please be set aside.
Further prayed that the respondents No. 1 to 2 may kindly be directed to give one chance to the petitioner for Summer Examination.
Further prayed that any other relief which this Hon'ble Court deems fit may also please be granted in favour of the petitioner."
2. While opening his arguments, learned counsel for the petitioner submits that in the year 2012, the petitioner got admission in Government College University, Lahore, in the subject of Business Accounting & Finance Department, but due to his poor health condition, he was advised by the doctors for removal of his one kidney. It is argued that due to his surgical intervention and poor health condition, the petitioner could not continue his studies. Adds that subsequently in the year 2013, the petitioner again joined his studies with the change of subjects from Business Accounting & Finance Department to Psychology. It is contended that the petitioner is a talented Singer, who was granted admission in the university on musician basis. Learned counsel submits that the petitioner has completed his 'studies consisting of six semesters, however failed in 4th semester. It is contended that being musician as well as due to poor health condition of the petitioner, earlier the respondent/authority gave him assurance for awarding him one chance of Summer Exams, but subsequently he was denied. In such backdrop, it is contended that if the petitioner is not granted one chance to clear his 4th semester, he would suffer an irreparable loss.
3. On the other harm, learned counsel, representing respondent No. 1 has opposed this petition with vehemence.
However , learned Law Officer submits that as the petitioner has completed almost his whole course, therefore, one opportunity should be granted to him.
4. Arguments heard. Record available on file perused.
5. It is an admitted fact that the petitioner has already passed/completed his studies in the subject of Psychology from Government College University, Lahore, consisting of six semesters, however failed in 4th semester.It is stance of the petitioner that being musician as well as due to his poor health condition, earlier the respondent/authority gave him assurance for awarding him one chance of Summer Exams in the 4th Semester, but subsequently he was denied. Learned counsel for respondent No.' 1 has admitted the fact that the petitioner was granted admission in the University being a singer/on musician basis and one kidney of the petitioner has also been removed by the doctors. Keeping in view peculiar facts and circumstances of the instant case, especially the poor health condition of the petitioner coupled with the fact that he has already completed his studies consisting of six semesters, however failed in 4th semester, therefore, if he is not granted chance, the same would not only spoil his education career, but the same would also be hazardous/shocking for his health.
Therefore, while taking a lenient view, a direction is issued to respondent No. 1/Vice Chancellor, Government College University, Lahore, to provide one chance to the petitioner for summer exams in the 4th semester.
6. With these observations, the petition in hand stands disposed of.
7. Before parting with this order , it is made clear that the order in hand would only relate to the petition in hand and the same cannot be used as precedence subsequently in any matter .