1. ORDERD.R. MUNIR AHMAD MUGHAL, J. - Briefly stated the case of ihc pelilioner is that he appeared in the lyi.A. Economics Annual Examination 1991 heid in December, 1994 against Roll Nlo. 21403 and tis per result communicated to him he was shown as having tailed in F^apcr-I obtaining only live marks out of 1(M) marks. According to the result card the petitioner had not only passed till other subjects but had also obtained considerably good marks. He made representations before the respondent for re-checking bf the stiid paper after depositing requisite fee on 31.3.1996. The paper was re-checked and ti fresh result card was issued showing that the petitioner had obtained 22 marks. The petitioner repealed representations and consequently thej Deputy Secrecy Officer showed to the petitioner his answer book on 2.6.1990L The petitioner drew the attention of the Deputy Secrecy Officer to the fact thaj the title page of the petitionercs answer book had been attached with the ansycr book of some body else. It was also pointed out that the answer book of the petitioner was written in Urdu as was the title page whereas the answer book so! Replaced was written in English. Further inquiry was made and the pages of the answer book were traced out but still five [Vol. XVI Ghulam Muytuf'u V. University of Punjab C.C. 478(Dr.Mumr Ahmad Mughal, - J)papers attached as extra sheets were missing which lad was also mentioned in the attendance sheet. The petitioner further represented for action against the delinquents but with no avail,2. Ft is also submitted that with the exception of paper-1 the petitioner had obtained 277 marks in the remaining six papers, The average number of marks obtained by the petitioner is 40. I'-, In his report dated 15,10.1990 submitted in the Court by the respondent on 1.7. Ill, 1990 the respondent has admitted the lad ini position but has taken the plea that aerage marks cannot be granted to the petitioner and that the respondent cannot be held responsible as to how the answer book of the petitioner was intermingled with the answer book of Roll No, 11051. This answer is not only evasive but also against the regulations of the University dealing with the conduct of Examinations, The respondent is to take all care of the answer books luynded ovei in the candidates to the Superintendent of Examination. The change of various hands after such handing over is to be taken care by the respondent and not the candidate, Replacement nj answer book and destruction of the extra sheets were all in the respondent's office where petitioner can have no control. The relevant provisions regarding award of everage muttons in cases like the petitioner on contained in the first provision to Regulation 6 of Chapter VII calendar of the University of the Punjab of the year 1990 (Volume I) which reads as under-"6. If a candidate's paper is lost after having been received by the Superintendent of the Examination Centre or by one of his assistants, and if he passes in all other subjects of the examination, he may be required to appear in that one paper which is lost on a date fixed by the Controller of Examinations, and if he obtains pass marks he shall be deemed to have passed the examination, In case of dispute as to whether a candidate's paper Mfcis duly received or not, the finding of the Controller of Examinations, subject to the approval of the Vice- Chancellor. Shall be final., rProvided that if an answer book received by an Examiner is are lost before or after evaluation, average of the marks obtained by the candidate in other papers in which he has appeared shall be awarded to him in the said paper. The candidate shall, however, have the option either to avail the average of the marks or to reappear in the paper.Provided further that the bone fil of grant of aw rage marks will m be given to candidates in cases of re- checking of answer-books a 1U declaration of their results, if their answer-books are lost al the tim of re-checking. They will, however, have the option to re-appear in 1h papers in the next examination, if otherwise eligible. The candidal will also be allowed to claim refund of fee for re- checking."The rules and regulations of the jjnivcrsify are to be given effect strictly and whili doing so it is an established principle that rules capable' to bring reasonabh interpretation favourable to the jeandidate must be preferred. This is a case it which the petitioner has been subjected to gross abuse of process of law am authority. The writ merits to be Allowed und is hereby allowed, it is declared Ilia the result card issued1 to the pcljtioner in an arbitrary manner is without lawi'u Authority and of no legal conscience, it is also ordered that the respondent shal redVcss the grievance of the petitioner by giving average marks in Paper-1 as well * and declare him as having passed in M.A. Economics Annual Examination held in 1094 having obtained 4(> marks Out of KH1 marks in paper-1. The respondent is also directed to hold a proper inquiry und proceed against the person found responsible for the fabrication made in the case of the petitioner by the office of the respondent and whatever action is taken by the respondent within his discretion a copy of that shall be sgnt to this Court through Registrar.