JUDGMENT MUHAMMAD ASIF JAN, J. - Fahad Latif Piracha petitioner took the Intermediate (Annual)
Examination, 1995, in the Pre-Medical Group and obtained 787 marks out of total of 1100 marks and was placed in Group-A. The petitioner has applied for admission to one of the Medical Colleges in the Sfree although his first preference would be the Nishtar Medical College of Hiltan presumably as he is a domiciled of Multan.
2. The open merit list for admission in the Nishtar Medical College of Multan has been declared and the last student to be admitted in the said college on the basis of merit has obtained 848 marks.
Thus, the petitioner is precluded from being admitted in the said college.
3. The petitioner has brought this Constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 inter alia on the grounds that he expected at least 850 marks, and therefore, prays that his papers be re-evaluated. It is his grievance that although an inspection of all the papers of the petitioner was carried out but his papers have not been re-evaluated.
4. Chapter V, Rule 19 of the Calendar of the Board of Intermediate & secondary education, Multan, provides for re-checking and lays down that:- "Candidates appearing in all the examinations conducted by the board shall be permitted to get their answer-books rechecked to the effect that:
(1) totals have been rightly brought forward;
(2) no portion of any answer has been left unmarked.
(3) there is no mistake in the grand total on the cover of the answer book; or/and
(4) . The Answer-Book has not been changed. Candidates desirous of getting their answer-b ooks checked in this way would have to apply for this purpose within 40 days of the declaration of the result and pay Rs. 100/- per paper as rechecking fee."
5. Admittedly, there is no rule providing for re-evaluation which is totally a different thing from rechecking. To re-evaluate is to assess again appraise again. Re-evaluation would necessarily involve the assessm ent appraisal of a different set of examiners which could result in an either situation i.e. Either more marks than those already obtained or less. 1 exercise would necessarily entail assessm ent or appraisal by profess examiners and can hardly be undertaken by this Court in its Constitute jurisdiction. This Court in the case of Imtiaz Rasul v. Board of entermet and Secondary Education through Chairman, Board, Faisalabad (NLR : Civil 1), therefore, held that under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the High Court does not interfere 1 marking of answer books by examiners of educational institutions respectfully followed the decision of the Supreme Court in the case Chairman, Board of Intermediate <6 Secondary Education, Lahore another v. Ali Mir I-exploited in (1984 SCM R 433) and the case of the Board of . Intermediate & Secondary Education, Lahore through Chairman and another v. Mst. Salma Afraz and two others reposted in (PLD 1992 SC 263), and there fore, refused to. Issue a writ. In the case of Board of Intermediate & Secondary Education, Lahore though chairman and another v. Mst. Salma Afraz and two others reported in (PLD 1992 SC 263) their Lordships of the Supreme Court were pleased to set aside the impugned orders of the High Court with the x esult that the re-evaluation done under the interim orders of the High Court stood revoked.
6. There is no merit in this petition, which is dismissed.