Find a Lawyer

----- Art. 199 read with Punjab University Courses of Reading and Outline‑of Tests, 1970‑Rules or Regulations prescribing courses and outlines of test in force; at time of examination‑Continue to govern examinee as long as in force and not when changed‑Petitioner failing to pass in two subjects in examination held in 1970 but passing in one in 1971 and in another in 1972‑Rules in meantime, however, changed fixing total, marks in each subject at 150 instead of 10) as in 1970 examination‑Petitioner, held, can not claim to have obtained marks as against the total of 200 of both subjects.

Javed Husain and others v. The University of the Punjab P .L D 1957' Lah 253 distinguished.

Hassan Ahmed Khan Kamar for Petitioner.

The Annual Examination of B.Sc. Class was held by, the University of the Punjab, Lahore in the month of June of the year 1970. The petitioner did not take that examination. He appeared in the Supplementary Examination which was held in November/ December 1970. The roll number of the petitioner was 992 and he qualified only in English (compulsory) and Arabic (optional). He obtained 112 marks in English out of 200 and 77 marks in Arabic out of 100. There is no dispute about these marks.

2. The petitioner did not appear for the remaining subjects in the Annual Examination held in July 1971, however, he took the Supplementary examination of 1971 under Roll No. 1082 and qualified in 'Zoology' and obtained 87 marks out of 150. He then appeared in the Annual Examination of 1972 and qualified in Botany'. His Roll No. was 20413. He obtained 86 marks out of 150.

3. This writ petition has been filed for getting a direction issued that the marks obtained by the petitioner in the subjects of 'Zoology' and Botany' should have been given considering 200 as the total marks and not 150. Reliance for this purpose is placed on Annex. A' which is an abstract from courses of reading and outline of tests for the year 1970 which indicates that the total marks for the subjects of 'Zoology' and Botany' were 200. In my opinion this Annex' has no relevancy to the peculiar facts and circumstances of the present case. It is a common ground that the petitioner did not pass in the subjects of 'Zoology' and Botany' in the examination held in the year 1970. He qualified in 'Zoology' in the supplementary examination held in 1971 and in Botany' in the Annual Examination held in 1972. In the courses for examination held in the year 1971 and 1972 the marks for the paper of 'Zoology' and Botany' were 150. The result prepared by the University, in this view of the matter, was perfectly in order and no exception can be taken to the same. When confronted with this situation learned counsel for the petitioner referred to Javed Husain and others v. The University of the Punjab (P L D 1957 Lah, 853), for the proposition that a regulation which was in force at the time of examination will continue to govern him if it otherwise continues to remain in force. In the present case, however, this is not the position. Here the regulation/rules prescribing courses and outlines of tests underwent a change in the years 1971 and 1972 when the petitioner' took up the examination of the subjects hereinbefore mentioned. The rule for the examination held in' 1970 was no longer in operation. The writ' petition, in these circumstances, cannot proceed any further and lb hereby dismissed in limine. Documents filed may be returned to the petitioner in accordance with law and rules on‑the subject.

S. A. H. Petition dismissed in limine.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.