FAWAD AZIZ Versus CONTROLLER OF EXAMINATION, UNIVERSITY OF PESHAWAR
1. AHMAD ALI, J.--- Through the instant petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner, Fawad Aziz, has challenged notification No.198/ 135/Z00l/Secrecy dated 13.07.2017 issued by respondent No. 1, regarding revised merit positions of the petitioner and respondent No.6.
2. Brief facts, as averred in the writ petition, are that the petitioner got 1st position in BS Zoology (4 years) and awarded Gold Medal by University of Peshawar. Results of the petitioner as well as respondent No.6 were announced in the year 2014 vide notification dated 07.08.2014, issued by respondent-university, whereby petitioner was awarded the 1st position with a Gold Medal while respondent No.6 was awarded 2nd position. The respon-dent-university declared first three positions vide notification dated 07.08.2014 which is reproduced bellow for convenience:-
2. No.118/BS/Zool/Secrecy dated 07.08.2014
3. Merit Positions
4. Subsequent to the result Notification No.28/BS/Zoology/Semester-UOP Dated 18.02.2014. First three merit positions of the candidates who have passed BS (Zoology) 4- Years Degree Programme under Semester System of Examinations during the session 2009- 2013 at the Department of Zoology University of Peshawar is notified as under:-
5. E.No.
6. Name
7. Fathers name
8. Zool-02
9. Fawad Azizi
10. Aziz Khan
11. Zool-03
12. Muhammad Bar Khan
13. Tajbar Khan
14. Zool-09
15. Tanveer Shahzad
16. Said Nisar
17. Zool-06
18. Khair Rafique
19. Khair Faqir
20. Reg No.
GPA
CGPA
21. Merit Position
22. 2009-U-7788
23. 21.2
24. 3.9
25. 1st
26. 2009-U-7792
27. 18.5
28. 3.9
29. 2nd
30. 2009-U-7789
31. 18.5
32. 3.9
33. 2nd
34. 2009-U-7791
35. 12.8
36. 3.9
37. 2nd
SD/-
38. Controller of Examinations
39. University of Peshawar
40. Later on, on the application of respondent No.6, another merit list showing revised merit positions was issued vide notification dated 17.03.2017, in which respondent No.6 was shown to be on 1st position with 521.5 GPA while present petitioner was shown to be on 2nd position with 521.2 GPA, said notification is also reproduced below for ready reference:-
41. No.198/BS/Zool/Secrecy Dated 13.07.2017
42. Revised Merit Positions Notification
43. In supersession of this office Merit Positions Notification No.118/BS/ Zool dated 07.08.2014, the first three merit positions of candidates, who have passed BS (Zoology) 4-Years Degree Programme under Semester System of Examinations, during the session 2009- 2013 at the Department of Zoology, University of Peshawar is notified with the following order of merit:-
44. E.No.
45. Name
46. Fathers name
47. Zool-03
48. Muhammad Bar Khan
49. Tajbar Khan
50. Zool-02
51. Fawad Azizi
52. Aziz Khan
53. Zool-09
54. Tanveer Shahzad
55. Said Nisar
56. Reg No.
GPA
CGPA
57. Merit Position
58. 2009-U-7792
59. 521.5
60. 3.9
61. 1st
62. 2009-U-7788
63. 521.2
64. 3.9
65. 2nd
66. 2009-U-7789
67. 518.5
68. 3.9
69. 2nd
70. This is issued with the approval of the competent authority
71. Note:
72. This merit is declared as a notice only. It does not in itself confer any right or privilege of independence for the award of proper certificate/Gold Medal. Errors and omissions, if any, are subject to subsequent rectification.
SD/-
73. Controller of Examinations
74. University of Peshawar
75. The said revised merit positions notification dated 13.07.2017 is impugned herein the instant writ petition.
3. The respondents were put on notice. Their comments were called for, which have been filed, wherein the issuance of writ was opposed.
4. Arguments heard and available record perused.
5. Perusal of record reveals that on the application of respondent No.6, proper enquiry was conducted by the respondent-university and in this regard a committee was constituted, consisting of the following:
76. The Chairman, Department of Zoology
77. The Controller of Examinations
78. The Deputy Controller of Examinations
79. The Coordinator (BS Programme), Department of Zoology
80. Mr. Fawad Aziz, Lecturer, University of Swabi
81. Mr. Muhammad Bar Khan, Teaching Assistant, Govt: Degree College Wari, Dir Upper
82. The committee recommended the following decisions;
83. That Mr. Fawad Aziz is required to hand over the Gold Medal to Mr. Muhammad Bar Khan which is his legitimate right and the office of the Controller of Examinations will issue a revised notification by declaring that Mr. Muhammad Bar Khan as 1st in merit while Mr. Fawad Aziz will be 2nd in merit.
84. The committee further decided that the benefits on the basis of Gold Medal, achieved by Mr. Fawad Aziz may not be withdrawn and Mr. Muhammad Bar Khan will be eligible as a Gold Medalist with effect from date of issuance of revised notification.
6. According to the record, in Geography paper of 4th Semester, respondent No.6 obtained 82 marks which valued mistakenly and inadvertently by the respondent No.1 as (2.8) instead of actual value (3.8) in official notification dated 18.02.2014 as well as in subsequent notification dated 07.08.2014, the respondent No.6 was placed on 2nd position by obtaining 3.9 CGPA. The matter was later on clarified by respondent No.4 and after correction in the record, respondent No.6 secured 3.8 CGPA value and total grade points became 521.5 GPA which definitely exceeds the grade points of petitioner. Moreso, in the certificate and in the notification it has clearly been mentioned that "Errors and omissions, if any, are subject to subsequent rectification". The respondents have annexed with their comments, the official transcript of the respondent No.6 wherein his particulars have been shown as "Registration No. 2009-U-7792 Enrollment No.Zool-03" which further clears the matter in question in which the disputed value has been mentioned. Relevant portion of the said transcript is reproduced below for ready reference:-
85. 4th Semester (Spring-2011)
86. Paper
87. Marks obtained
88. Value
89. Geography
90. 82
91. 2.8 Disputed
92. 5th Semester (Fall-2011)
93. Physiology
94. 82
95. 3.8
96. 6th Semester (Spring-2012)
97. Biological Technology
98. 82
99. 3.8
100. The above detail shows that respondent No.6 got 82 marks in 4th Semester Geography paper but value awarded was mentioned as 2.8 but in the 5th and 6th Semester papers i.e. Physiology and Biological Technique, respondent No.6 also obtained 82 marks each, but, value awarded was mentioned as 3.8 against both the papers which means that the impugned notification is quite correct and calls for no interference of this Court.
7. In view of the above, the instant writ petition, being bereft of merit, is hereby dismissed.
101. SA/257/P Petition dismissed.