CONTROLLER OF EXAMINATION vs FARMANULLAH KHAN
This matter arises from a petition for leave to appeal filed by the Controller of Examination against a judgment of the High Court concerning the re-evaluation of answer books. The core legal question is whether the re-evaluation or remarking of answer books is permissible under the Rules and Regulations of the University of Karachi, and whether the High Court acted within its jurisdiction in ordering re-assessment. The Supreme Court granted leave to appeal to examine whether the impugned judgment ran counter to established judicial precedents prohibiting such re-evaluation. Consequently, the Court granted leave, expedited the main appeal for hearing within two months, and suspended the operation of the impugned High Court judgment in the interim.
- Whether the re-evaluation or remarking of answer books is permissible under the Rules and Regulations of the University of Karachi?
- Does the High Court have jurisdiction to order the re-assessment of answer books contrary to university regulations?
- Whether interim suspension of the impugned judgment should be granted pending the decision of the appeal?
ORDER
1. ' FAQIR MUHAMMAD KHOKHAR, J.--- The learned counsel submitted inter alia that under the Rules/Regulations of the University of Karachi, the re-evaluation/remarking of the answer books was not permissible. Reliance was placed on the case of Chairman, Board of Intermediate and Secondary Education, Lahore and another v. Ali Mir 1984 SCM R 433, Board of Intermediate and Secondary Education, Lahore through its Chairman and another v. Mst. Salma Afroze and 2 others PLD 1992 SC 263, Board of Intermediate and Secondary Education, Lahore v. Saima Azad 1996 SCM R 676 and Tahir Saeed Qureshi v. The Board of Intermediate and Secondary Education, Sargodha and 3 others 1996 SCM R 1872. Therefore, the impugned judgment, dated 25th of April, 2008 read with short order, dated 9-4-2008 contrary to the law laid down by this Court. The learned Advocate-on- Record for the respondent submitted that the re-assessment of the answer books was well-within the jurisdiction of the High Court as held in the case of Mst. Shakeela v. University of Peshawar PLD 2003 Pesh.
2. 69.
2. Leave to appeal is granted to consider the above and other submissions of the learned counsel.
3. Since a short point of law is involved, office is directed to fix the main appeal on the present record within a period of two months. However, the parties may file additional documents/concise statement, if necessary with the permission of the Court.
4. C.M.A. No,162/K of 2008 Stay matter ' Subject to notice, the operation of the impugned judgment, dated 25th of April, 2008 and short order dated 9th April, 2008 shall remain suspended meanwhile.