2006 PLP 1185 (YLR)

TASSADUQ HUSSAIN JILLANI, J.

Facts giving rise to the instant petition are that the petitioner appeared in the M.A. English Composite Second Annual Examination 1998 held in June-July, 2000. He also appeared in M.A. Urdu (Comp) Supplementary Examination of 1998. On having been detected, he was proceeded against by the university authorities as he under the university rules, could not have appeared in two degree examinations at a time. However, on the statement of the petitioner that his M.A. Urdu (Comp) Supplementary Examination of 1998 be cancelled and the result of M.A. English Composite Second Annual Examination 1998 be announced, the disciplinary committee decided to proceed accordingly. However, the result of M.A. English Composite Second Annual Examination 1998 was announced in June, 2003 with a delay of almost three years. In the said examination, he has failed in four papers. The university authorities have offered him to re-appear in those papers but not under the composite scheme as the said scheme has been discontinued. Petitioner seeks a direction that he be allowed to appear in the Supplementary Examination under the composite examination system.

2. Learned counsel for the petitioner submits that the petitioner's result of M.A. English Composite Second Annual Examination 1998 was delayed not on account of any fault of the petitioner and, therefore, he cannot be punished by forcing him to appear in an entirely changed system of examination.

3. Learned counsel for University of the Punjab submits that the petitioner is free to appear in he supplementary examination but since the composite examination scheme is no longer in field, the university authorities cannot arrange a special examination for the petitioner.

4. I have heard learned counsel for the parties and also gone through the written statement submitted by the respondent-University.

5. Admittedly, petitioner appeared in the M.A. English Composite Second Annual Examination 1998 held in June-July, 2000. Its result was announced in June, 2003. This delay of three years in announcing the result is not a very flattering commentary on the working of the concerned department of the University of the Punjab. The respondent-University, in its written statement, has admitted that aspect in para.4 wherein it is candidly conceded that "the delay in issuance of result card is due to the negligence of the clerical staff". Petitioner cannot be condemned for the fault of the clerical staff of the University of the Punjab and is not bound to appear under an entirely different system of examination. In the afore-referred circumstances this petition is allowed and it is directed that the petitioner should be given a chance to appear in M.A. English Examination Supplementary Examination under the composite scheme. F. M./G-314/L???????????????????????????????????????????????????????????????????????? Petition accepted.