' The petitioner a student of the Punjab University Law College appeared in the Annual Examination held in December, 1991 vide Roll No, 2594. He claims that the result card of the petitioner indicates that he qualified in all the seven papers but failed in aggregate by one mark only. On rechecking Paper-II in Islamic Law and Islamic Jurisprudence, he learnt that the Sub-Examiner on re- evaluation deducted 16 marks out of 56 marks earlier awarded by him. This petition was admitted to regular hearing on 27-10-1992 as the learned counsel for petitioner referred to Regulation No,5 of the Regulations Relating to the Appointment of Paper-Setters and Examiners whereby the Head Examiner can competently moderate the award of a candidate up to 5 marks. In the instant case however, the Sub-Examiner deducted 16 marks out of the award.
2. Sh. Atta Muhammad, Deputy Controller (Secrecy) University of the Punjab, Lahore stated that the petitioner's answer book was being sent for re evaluation to the Sub-Examiner. He, however, conceded that only relevant regulation referred to above empowered the Head Examiner to moderate the award by 5 marks but in the instant case presumably on his direction the Sub- Examiner reduced 16 marks from the award.
3. I have considered the contentions raised by the petitioner and the statement made by the Deputy Controller (Secrecy). The Head Examiner or on his direction the Sub-Examiner could moderate or reduce the award of candidate up to 5 marks as envisaged under para. 5 of the Regulations Relating to the Appointment of Paper-Setters and Examiners. The Sub-Examiner, was therefore not competent to reduce 16 marks out of the award of the candidate of his own or on the direction of the Head Examiner. If the contention of the Deputy Controller (Secrecy) is accepted the Sub-Examiner could moderate the award on the direction of the Head Examiner up to 5 marks only.
The petitioner was notified to have failed in aggregate by one mark only. This petition is therefore allowed and the deduction of the award of the petitioner beyond 5 marks is declared to be of no legal effect. The respondents shall rectify the award of the petitioner in Paper-II of Islamic Law and Islamic Jurisprudence and declare the result of the petitioner accordingly. As the respondent has not seriously contested this case there shall be no order as to costs.