2012 PLP 1824 (MLD)
Miss SIDRA NAEEM — Petitioner Versus VICE-CHANCELLOR, BAHAUDDIN ZAKARIYA UNIVERSITY MULTAN and 4 others — Respondents
| Citation | 2012 PLP 1824 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Miss SIDRA NAEEM — Petitioner Versus VICE-CHANCELLOR, BAHAUDDIN ZAKARIYA UNIVERSITY MULTAN and 4 others — Respondents |
| Primary Law | (a) Constitution of Pakistan, (b) Administration of justice |
Q1: What are the key laws and sections cited in 2012 PLP 1824 (MLD)?
This judgment primarily cites: (a) Constitution of Pakistan, (b) Administration of justice as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1824 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1824 (MLD) (Miss SIDRA NAEEM — Petitioner Versus VICE-CHANCELLOR, BAHAUDDIN ZAKARIYA UNIVERSITY MULTAN and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Muhammad Shakeel for Petitioner.
Headnotes / Summary
Art. 199
Constitutional petition
Petitioner sought direction to the effect that University be directed to release degree certificates for her Martic, intermediate, and bachelors degrees; which were withheld on the ground that the petitioner had failed in the matriculation examination
Petitioner had not passed the matriculation examination and had failed in the compulsory subject of math. and had not reappeared in the said examination though she had applied for the same
Without having passed the matriculation examination, petitioner was not entitled to appear in the intermediate and bachelors examinations
Report card clearly mentioned that "error and omissions were expected" and in the result card of the bachelors examination; it was stated that " the result card was issued as a notice only and any entry appearing in it did not itself confer any right or privilege independently to the grant of a proper certificate/degree, which will be issued under the Regulations in due course"
Petitioner had not come to the court with clean hands, when she knew very well that she had not passed the matriculation examinations, and she could not apply for appearing in the intermediate examinations
High Court could not issue any direction as it would amount to perpetuating an illegality committed by the petitioner
Constitutional petition, was dismissed, in circumstances.
No one could be given the benefit of his or her own wrong or fraud.
Judgment & Decree
CH. MUHAMMAD YOUNIS, J.
The learned counsel for the petitioner contends that the petitioner appeared in matriculation examination and obtained 511 marks out of 850 but she failed in the subject of math. She again applied for examination in math but did not appear. Thereafter she appeared in F.A. and B.A. Examination, which she passed. Now the certificate and degree have been refused by the respondents to be issued due to her having not passed the matriculation examination. The said act of the respondents is sought to be declared illegal and she has prayed for directing the respondents to issue certificates of Matric, F.A. and degree of B.A. to her.
2. It is evident from the record that the petitioner had not passed the matriculation examination and it was clearly indicated against the compulsory subject of math that she had failed in the said subject having obtained only 21 marks out of
100. She herself mentioned in the petition that she applied for appearing in the subject of math but the learned counsel contends that she did not appear in the examination though she had applied for the same. It is thus an admitted fact that without having passed the matriculation examination she was not entitled to appear in F.A. and B.A. examinations. In every result card it is clearly mentioned that "errors and omissions excepted". In result card of the B.A. also a note has been given that 'the result card is issued as a notice only and any entry appearing in it does not in itself confer any right or privilege independently to the grant of proper certificate/degree, which will issue under the Regulations in due course. The learned counsel referred to an unreported judgment in Writ Petition No.3381 of 2007 but it is not a certified copy nor it is a reported case and it has no bearing on the present case. The petitioner has not come to the Court with clean hands when she knew it very well that she has not passed the matriculation examination how she could apply for appearing in F.A. examination. Her case is based on weak foundation so the superstructure built thereon is bound to collapse. No one can be given benefit of his own wrong or fraud. This Court cannot issue any direction to the respondents as it would amount to perpetuate an illegality committed by the petitioner in connivance with some officials of the Board of Intermediate and Secondary Education, Multan. In these circumstances, this writ petition is hereby dismissed.
3. A copy of this order and the writ petition be sent to the Chairman Board of Intermediate and Secondary Education, Multan and he is directed to probe into the matter and take strict action against all delinquent officials with whose connivance the petitioner succeeded in appearing in F.A. examination inspite of the fact that she had not qualified matriculation examination in math. The Chairman shall inform about the action taken against the delinquent officials to the Deputy Registrar (Judl) of this Court. KMZ/S-83/L Petition dismissed.