ZAHOOR AHMED AZHAR vs ISLAMIA UNIVERSITY, BAHAWALPUR through ViceChancellor and 4 others
The petitioner, having secured 535 marks in his M.Ed. examination, sought a writ of mandamus to compel the Islamia University, Bahawalpur, to grant him 5 grace marks to achieve a 60% aggregate, thereby upgrading his result to a first division. The petitioner relied on a government notification regarding degree equivalence and cited regulations from other faculties and universities allowing for grace marks to improve divisions. The University opposed this, citing its specific M.Ed. regulations which only permit grace marks for failing candidates in specific circumstances. The Court held that the University's M.Ed. regulations are special and exclusive, precluding reliance on regulations from other faculties or universities. Furthermore, the Court established that an illegal favour previously extended to others by public functionaries does not create a binding precedent or a right to equal treatment under Article 25 of the Constitution of Islamic Republic of Pakistan 1973. Consequently, the Court dismissed the petition, affirming that courts cannot perpetuate past administrative irregularities as a basis for granting relief.
- Can a student claim grace marks for division improvement based on regulations applicable to different faculties or universities?
- Does the grant of an illegal favour to one candidate create a precedent that entitles others to similar treatment under Article 25 of the Constitution of Islamic Republic of Pakistan 1973?
- Are specific university regulations regarding examination results subject to modification by external notifications or general equivalence policies?
- Article 25, Constitution of Islamic Republic of Pakistan 1973
' The petitioner qualified his M.Ed. Under Roll No,89, in the examination held in July, 1995. He secured 535 marks and was declared successful. The petitioner now seeks the grant of 5 grace marks to make a total of 540 marks i,e, 60% of the 900 marks so as to improve his division into the first division.
2. Learned counsel for the petitioner has submitted that the Government of the Punjab, Education Department vide its notification dated 13-8-1985 has determined the equivalence of a degree of M.A. In education with that of M.Ed of the Institution of Education and Research of the University of the Punjab. Learned counsel has further pointed out that according to Regulation No,9 of the Regulations for the Faculty of Science and Engineering (M.Sc. Examination Composite Course), it is permissible to improve the Division of candidate, who is short of such marks as may be calculated at 0,5% of the total number of marks fixed for a particular examination with a minimum of 5 marks.
The learned counsel has further pointed out that in another case of similar nature Roll No,2212 M.Sc.
Class 1st Annual Examination, 1995 grace marks were given to make 1st division. The learned counsel further submitted that regulations have also been framed by the Zakaria University, Multan, where a similar concession is available to the candidates.
3. On the other hand learned counsel for the respondent/Islamia University, Bahawalpur has produced a copy of regulations for the Master of Education (M.Ed.) Examination. Under Regulation No,2 of the said Regulations, a candidate for Master of Education Examination fails in one paper by 3 marks or less, is to be deemed to have qualified the examination provided he takes the examination in all the subjects at one time.
4. I have heard the learned counsel for the parties at length. The regulations framed by the Islamia University, Bahawalpur for the Master of Education (M.Ed.) Examination are special in nature. No comparison can be drawn with that the other regulations in respect of other subjects made by the same University or by any other University. The notification dated 13-8-1985 referred to by the learned counsel for the petitioner has no application to the case in hand as it related to the equivalence of the Degree of the M.A. In Education with that of M.Ed. In the Institute of Education and Research of the University of the Punjab. The other contentions of the learned counsel that in a similar case grace marks were added to make up the 1st Division are fallacious inasmuch as the cases of M.Sc. (Education), are different from M.Ed.
5. Even otherwise, if the Islamia University, Bahawalpur had granted grace marks to someone else, which was not permissible at law, the same would not be a ground for repetition of similar treatment to others subsequently by the indulgence of the Court. It is not proper for a Court to allow an illegal favour merely on the ground that the public functionaries had extended a similar favour to others in the past. The Provisions of Article 25 of the Constitution of Islamic A Republic of Pakistan cannot be pressed into service in such cases. See the case of Chandigarh Administration and another v. Jagjeet Singh and another AIR 1995 SC 705.
6. For the foregoing reasons I do not find any merit in this petition, which is dismissed but there shall be no order as to costs.
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