' Afraz Ahmad petitioner appeared in the B.A. IInd Annual Examination, 1989 under Roll No,45861 in the subjects of Islamic Studies, English, Statics, Geography and Persian (Opt.). According to the 'failure statement' issued by the University, the petitioner obtained 43/100 marks in Islamic Studies, 53/100 in English, 93/200 in Statics, 108/200 in Geography and 70/100 in Persian (Optional). He applied for re-checking of his English papers as provided under the Rules of the Punjab University.
The Deputy Controller (Secrecy) vide letter dated 22-11-1989 declined his request and stated that since his answer books of English Papers A and B were not traceable, he could either apply for refund of re-checking fee or re-appear in the next examination. Hence this writ petition.
2. It is contended that the petitioner was legally entitled to get his answer re-checked under the University Rules and refusal on the part of the respondent is arbitrary, illegal and mala fide. In case his answer books are not traceable he is entitled to the average marks in other subjects, it is added.
3. The respondents have contested the petition. According to the learned counsel appearing on their behalf the previous rule which allowed the grant of marks on average basis has been repealed and the new rules made in this behalf do not provide any such concession. Learned counsel for the petitioner has challenged the framing of any such rule by the competent authority.
In reply, the learned counsel for the University stated that the Vice-Chancellor in anticipation of the approval of the relevant bodies had approved the proposed amendment. Section 32, University of the Punjab Act, 1973, empowers the making of Regulation for the conduct of examination. Section 32 (2) provides that the Regulation shall he prepared by the Academic Council and submitted to the Syndicate which may approve them or withhold approval or refer them back to the Academic Council for re-consideration. It adds that the Regulations prepared by the Academic Council shall not be valid unless they receive the approval of the Syndicate. But in the instant case it is not shown that the Regulation disentitling a candidate of the benefit of average marks was approved by the Syndicate. On the other hand, it appears that the Vice-Chancellor had, in anticipation of the approval of the relevant Bodies made and enforced the Regulation in question.
4. It is stated on behalf of the University that the proposed change in the Rule was necessitated by the fact that the failed students after the declaration of their results manipulated the removal of their answer books from the Secrecy Office and thereafter sought the benefit of average marks.
5. Learned counsel for the petitioner states that instead of putting their own house in order the University Authorities have wrongly deprived the examinees of their right to get their answer books re-checked/revaluated. According to him if this is allowed to continue there would be no check up on the examiners who may for ulterior motive make wrong evaluation. He states that the logic and rationale behind the above amendment is unpursuasive and untenable and seems to have been made to cover up their own faulty and imperfect system. They may act arbitiarily and decline revaluation on the ground of untraceability of the answer books.
6. In the present case no inquiry was held to fix responsibility about the loss of the Papers of the petitioner. They were admittedly in the custody of the University wherefrom they were allegedly misplaced or removed. The petitioner had no access to the Secrecy Branch or the record room. The proposed amendment has not yet been approved by Syndicate as required by Section 32, University of the Punjab Act, 1973. Thus the old Rule which permitted the revaluation of answer books shall be deemed to be still existing. Accordingly. I accept the petition declare the action of the University to be arbitrary, mala fide and against Rules and Regulations on the subject. In consequence the University Authorities are directed to reconsider the case of the petitioner and grant marks to him in the subject of English Papers A and B on the basis of average marks obtained by him in other papers as per the previous Regulations.
Costs shall also be borne by the University Authorities.