2004 CLC 1630 Bahauddin Zakariya University, Multan Through Vice-Chancellor Versus Zafar Ullah Khan Khakwani Lahore-High-Court-Lahore

2004 C L C 1630

[Lahore]

Before Muhammad Zafar Yasin, J

TARIQ HASSAN — Petitioner

Versus

BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN through VICE-CHANCELLOR and 2 others—Respondents

Writ Petition No. 1978 of 2003, decided on 30th June, 2003.

Educational Institution—

—-Examination—Candidate got admission in college in Session 1993-97 and according to prospectus of University for said Session, candidate was required to qualify B.Sc. Engineering Examination within seven Academic years from date of his registration—Candidate, who was registered in November, 1994, was eligible to take 1st Annual 1994 Examination held in October, 1995—Candidate took said examination and he was required to qualify his B.Sc. Engineering upto 2nd Annual, 2000—Candidate could not complete his B. Sc. Engineering as he could not qualify five subjects of 2nd year—Candidate had prayed that he be allowed to take examination of 2nd Annual Examination, 2002 contending that according to Prospectus the University had to hold two examinations in each academic year, but University had taken examination of 2nd Annual 1996 and 1st Annual 1997 jointly and thus, candi ate, was deprived of one chance to appear in 2nd Annual to pass second year—Further contention of candidate was that he was also deprived of one chance of 2nd Annual 1999 as same was combined with 2nd Annual 2000—Candidate had claimed that after 2nd Annual, 2000, at least he had two more chances to qualify B.Sc. Engineering but he had been refused such a right—Validity—Candidate could be allowed two more chances after 2nd Annual Examination 2000 i.e. 1st Annual Examination, 2001 and 2nd Annual Examination, 2001, but it was not the case of candidate that he had ever applied for taking 1st Annual 2001 or 2nd Annual 2001 examination to pass remaining papers of 2nd year B.Sc. Engineering—Authorities had refused candidate to take such examination which had commenced and by no strength of relaxation he could be allowed to take the same—Refusal of Authorities to candidate to take examination of 2nd year B.Sc. Engineering Annual 2002 Scheduled on 20-6-2003, was neither illegal nor without lawful authority.

Zafar Ullah Khan Khakwani for Petitioner.

Malik Muhammad Tariq Rajwana for Respondents.

ORDER

Through this Constitution petition, the petitioner seeks a direction to the respondent to allow him to take forthcoming B.Sc (Engineering) Examination of 2nd Annual 2002.

2. Brief facts of the case are that the petitioner got admission in University College of Engineering and Technology, B.Z. University in Session 1993-97. According to the Prospectus of the University for the Session 1996-97 the petitioner was required to qualify B.Sc. within seven Academic years from the date of his registration. The petitioner was registered on 19-11-1994. 1st Annual Examination, 1994 was held in October, 1995, hence the petitioner was eligible to take 1st Annual. 1994, held in October, 1995, the petitioner also took the said examination and he was required to qualify his B.Sc. Engineering upto 2nd Annual 2000. The petitioner, unfortunately could not complete his B.Sc. Engineering as he could not qualify five subjects of 2nd year. The petitioner has prayed that he be allowed to take examination of 2ndl Annual Examination, 2002 now scheduled.

3. The learned counsel for petitioner has argued that:

(i) According to the Prospectus the University had to hold two examinations in each academic year, but the University had taken examination of 2nd Annual, 1996 and 1st Annual, 1997, jointly, thus, the petitioner was deprived of one chance to appear in 2nd Annual 1996 to pass Second Year.

(ii) That the petitioner was also deprived of one chance of 2nd Annual, 1999 as it was combined with 2nd Annual, 2000. hence after 2nd Annual, 2000, at least, the petitioner had two more chances to qualify B.Sc. (Engineering), while the petitioner had been refused to such a right.

Hence this petition.

4. The respondent has not only submitted report and parawise comments, but has also produced Gazette regarding examination conducted by the respondent/University.

4. Heard. Record perused.

5. Even if the contentions of the learned counsel for petitioner are accepted, even then the petitioner could be allowed two more chances after 2nd Annual Examination, 2000 i.e. 1st Annual Examination, 2001 and 2nd Annual Examination 2001. It is not the case of the petitioner that he had ever applied for taking 1st Annual, 2001 or 2nd Annual, 2001 examination to pass remaining papers of 2nd year of B.Sc. (Engineering) and the respondents had refused him to take such examination, while now the examination of 2nd Annual, 2002 has commenced from today. For which by no stretch of relaxation, the. petitioner can be allowed to take the examination.

6. In view of the above, the refusal of the respondent to the petitioner to take examination of 2nd Year B.Sc. (Engineering) 2nd Annual, 2002, now scheduled on 20-6-2003, is neither illegal nor without lawful authority. In view thereof, this petition has no merit. It is hereby dismissed.

H.B.T./T-31/L Petition dismissed.