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2001 YLR 3074

HINA GUL vs BAHAUDDIN ZIKARIYA UNIVERSITY, MULTAN through Vice

Citation2001 YLR 3074
CourtLahore High Court
Case No.Writ Petition No, 11684 of 2000
Date2000-12-06
Judge(s)Bashir A. Mujahid
ResultPetition allowed

ORDER

1. Petitioner being student of Federal Government Girls College, Multan submitted her admission form to appear in B.A. Final 1st Annual Examination scheduled to be held in June/July, 2000 under Bahauddin Zikariya University, Multan and was issued Roll No,2915. Federal Government Degree College was declared to be the centre for the said examination. On 14-6-2000 she appeared in the examination for Psychology Paper-I there. The question paper delivered to' the petitioner was being solved by the petitioner alongwith other students when Superintendent of the centre found that instead of paper for new course, for old course has been delivered to the petitioner which was also being attempted by the other candidates. Due to this confusion the answer sheets were taken back by the Superintendent which was partly solved by the petitioner without providing the paper for new syllabus to allow the petitioner to solve. The result was declared and the paper attempted by the petitioner was cancelled and she was not given any mark in the said paper.

2. The grievance voiced through this petition is that either the petitioner should be awarded the marks of the paper she already solved or she should be given average/aggregate marks as per result of other papers she attempted.

3. ' In response to the notice to the University, report and parawise comments have been submitted which reveal that there was a confusion in the examination centre as per report of the Superintendent and the candidates were given choice to change their paper from old course to new course but the petitioner failed to avail that chance and she attempted the wrong paper which was not allowed as per rules of the University. Therefore, her paper was rightly cancelled.

4. ' Heard. Record perused.

5. Admittedly no separate seating arrangement was made by the University for old course and for new course candidates.

6. ' The confusion was created by not making adequate and proper arrangements by the University and for any lapse of the University the students should not be punished.

7. ' As per my order, dated 28-11-2000 Paper 'A' of Psychology attempted by the petitioner was asked to be evaluated and the same has been done, as per result the petitioner has obtained 35 marks. I am persuaded that the petitioner has a good case in law and equity, that she should be awarded marks in the said paper instead of asking her to attempt this paper once again without any fault on her part. Reliance can be placed on PLJ 1993 Lahore 546.

8. ' Resultantly this petition is allowed and the University is directed to declare the result of the petitioner by adding evaluated marks in Paper 'A' of Psychology.

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