MUHAMMAD ALI Versus CONTROLLER OF EXAMINATION, UNIVERSITY OF KARACHI

ORDER

SYED HASAN AZHAR RIZVI, J .---The petitioner appeared in LL.B. Part-I examination in 2006 and successfully cleared all papers. However, when the petitioner appeared in LLB Final Annual Examination 2008 he was declared clear in five papers out of seven. In paper-IV the petitioner secured 31% marks, in paper-7 he secured 34% marks and obtained 45% marks out of 100 in paper-6.

2. According to mark-sheets issued by the University of Karachi annexed as Annexures 'A, B, B-1 & D' at pages 17, 19, 21 and 25 respectively a candidate of old course, of LLB has to obtain 40% passing marks and 45 % aggregate marks and far the candidate of new course passing marks are 45% and passing aggregate is 50%. However, in the LLB Final Supplementary Examination-2008 marks-sheet issued by the University of Karachi to the petitioner enclosed as Annexure `E' at page 27 passing marks has been shown 40% and passing aggregate is shown 45%.

3. Learned counsel for the petitioner argued that the respondents Nos.1 and 2 issued marks certificates but have left the column of 'remarks' empty in order to cause harassment to the students. In the marks-sheet Annexure 'D' at page 25 for LLB Final Annual Examination 2008 the petitioner was required to appear in papers.-4 and 7 whereas in the marks-sheet of the LLB Final Supplementary Examination 2008 annexed as Annexure 'E' at page 27 the respondent No.1 has shown the petitioner absent whereas in paper-VI LLB Final Annual Examination 2008 the petitioner has secured 45% marks. But on account of negligence and mala fide of the respondents the petitioner has been shown as absent in paper-VI, hence petitioner challenged the action of the respondents by filing the present petition.'

4. Mr. Asif Mukhtar the Deputy Registrar Legal of respondent No.2 has filed counter affidavit and submitted that the petitioner appeared in LL.B. Final Examination 2008 but did not clear papers-4 and 7 no doubt the petitioner had cleared paper-6 by obtaining 45% marks but such marks cannot be carried forward to next year as exemption for failure student as a candidate has to obtain 50% aggregate marks therefore, he was shown absent in LLB Final Supplementary examination held in 2008. However by the orders of this court dated 25-6-2009 the petitioner was allowed to appear in the examination. On 6-10-2010 the counsel for the respondents Nos.1 and 2 filed a statement before this court submitting therein that the Respondent University issued original marks certificate of LLB Final Examination to the petitioner on 23-9-2010. He further submitted that the Academic Council of the University of Karachi vide notification dated 12-5-2006 enhanced passing marks of each paper from 40% to 45% and aggregate marks from 45% to 50% and the rules were made applicable to the students who were enrolled in 2005 or later. He further submitted that passing marks and aggregate marks appearing on marks certificate dated2-5-2009 for LLB Final Supplementary Examination, 2008 was a printing error.

5. We have heard Mr. Abbadul Hussain Advocate for the petitioner and Mr. Khalid Javed Advocate for the respondents and carefully examined the relevant record.

6. On 23-9-2010 Mr. Khalid Javed learned counsel for the respondents placed on record the marks certificate of Final LLB-Examination of the petitioner which was taken on record and according to that marks certificate the petitioner has passed LLB Final Examination. Original Certificate was delivered to the counsel for the petitioner before this Court.

7. Learned counsel for the petitioner argued that the career of the petitioner has been damaged due to the negligence and mala fide of the respondents as petitioner was unable to get his intimation to acquire licence to practise as lawyer in time.

8. Whereas Mr. Khalid Javed learned counsel for the respondents submits that the Board of Faculty of Law Academic Council of Karachi University enhanced the passed percentage from 40% to 45% and aggregate percentage from 45% to 50% and that rules are applicable to the students who were enrolled in 2005 or later. Notification dated 12-5-2006 containing aforesaid recommendation was widely circulated to the students concerned. Learned counsel for the respondents further submits that there is a typographical mistake in the marks-sheet of Supplementary examination 2008 which is enclosed as Annexure 'E' at page 27.

9. Since the petitioner has already been declared successful in LLB Final Examination by respondents and original marks-sheet has already been delivered to the petitioner on 23-9-2010 before this Court therefore, there is no apparent, wilful and deliberate negligence on the part of the respondents. The purpose of the present petition has already been achieved by the petitioner as he has been declared successful. Hence further proceeding in the present petition would be a futile exercise, therefore the present petition is hereby dismissed with all the listed/pending applications as the same has become infructuous.

These are the reasons of the short order announced on 24-2-2011.

S.A.K./M-42/K Petition dismissed.