Fahad Latif Piracha petitioner took the Intermediate (Annual) Examination, 1995, in the Pre-Medical Group and obtained 787 marks out of a total of 1100 marks and was placed in Group A. The petitioner has applied for admission to one of the Medical Colleges in the Punjab although his first preference would be the Nishtar Medical College of Multan presumably he is a domicile 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 and Secondary Education, Multan, provides for rechecking 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 grant total on the cover of the answer-book or/and
(4) the answer-book has not been changed.
Candidates desirous of getting their answer-books 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 re-checking fee."
5. Admittedly, there is no rule providing for re-evaluation which is totally a different thing from rechecking. To evaluate is to assess or to appraise. To re-evaluate is to assess again or appraise again. Re-evaluation would necessarily involve the assessment or appraisal of a different set of examiners which could result in an either/or situation i.e. Either more marks than those already obtained or less. This exercise would necessarily entail assessment or appraisal by professional examiners and can hardly be undertaken by this Court in its Constitutional jurisdiction. This Court in the case of Imtiaz Rasul v. Board of Intermediate and Secondary Education through Chairman, Board, Faisalabad 1995 M LD 899, therefore, held that under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the High Court does not interfere with marking of answer-books by examiners of educational institutions and respectfully followed the decision of the Supreme Court in the case of Chairman, Board of Intermediate and Secondary Education, Lahore and another v. A.I Mir reported in 1984 SCM R 433 and the case of the Board of Intermediate and Secondary Education, Lahore through Chairman and another v. Mst. Salina Afroz and two others reported in PLD 1992 SC 263, and therefore, refused to issue a writ. In the case of Board of Intermediate and Secondary Education, Lahore though Chairman and another v. Mst. Salma Afroz 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 result 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