P L D 2004 Lahore 754 (PLP)

"You accepted the result of 3rd Prof. M.B.,B.S. Annual Examination and opted to appear in Supplementary Examination 2003. " (Petitioner No .3) "You accepted the result of 1st Prof. M.B.,B.S. PART II Annual Examination and opted to appear in Supplementary Examination, 2003."

2. Learned counsel for the petitioners contended that as, per para. 4 of the Statutes and Regulations relating to M.B.B.S./B.D.S. Examination of the University of Punjab the petitioner are entitled to five grace marks and after the award of the same they are deemed to have passed the Annual Examination. The said rules are applicable to the students who are enrolled in Lahore Medical and Dental College, which is affiliated with the respondent/University of Health Sciences. Learned counsel urged that the petitioners were not aware of the rules as such they cannot be penalized. Learned counsel for the respondent/University submitted that the petitioners are not entitled to any grace marks as they had reappeared in the Supplementary Examination 2003 and cannot be allowed to turn round and claim five grace marks in the Annual Examination 2003 in which they had failed: The result of 2500 students who appeared in Annual Examination 2(103 will have to be reconsidered which is not possible at this stage.

3. We have gone through the impugned letters, perused the record and given our anxious consideration to the pleas raised by the learned counsel for the parties. Para 4 of the Statutes and Regulations relating to the M.B.,B.S. examination (Calendar of University of the Punjab VOI.,II Part X) is, reproduced:-- "Provided that a candidate shall be deemed to have passed if he (a) fails in one subject (theory, oral and practical, clinical and aggregate) by a margin of 5 marks (b) fails in more than one subject by margin which can be made up by distribution of five "marks over the subject/papers in which he fails, when he takes, the examination either in all the subjects at one time or having appeared and failed in a part of the examination reappears in the subjects in which he had not passed. Provided further that he will be granted this concession only once in this examination." (Underlining is ours) Para. 4 of the Statutes and Regulation relating to B.D.S. examinations (afore-referred Vol--II) is as under:-- " 4 .Provided that a candidate shall be declared to have passed if he (a) fails in one subject (theory, oral; practical and aggregate) by a margin of (physical addition of five marks), (b) fails in more than one subject by a margin which can be made up by distribution of five marks over the subject/papers in which he fails; when he takes the examination either in all the subjects at one time or having appeared and failed in a part of the examination, re-appears in the subjects in which he has not passed. Provided further that he will be granted this concession only once in this examination. "(Underlining is ours). The only difference between the aforementioned two paras is that as far as M.B.,B.S. candidates are concerned they "shall be deemed to have passed" and the B.D.S. candidates, "a candidate shall be declared to have passed". The bare reading of the aforementioned Regulations reveals that when a candidate takes the examination either in all the subjects at one time or having appeared and failed in a part of the examination, re-appears in the subjects in which he has not passed, he will be entitled to five grace marks provided that he will be granted this concession only once in this examination. The expression "this examination", in our view, pertains to the last examination taken by the candidates and not to the previous examination. The petitioners have re appeared in the subjects which they had not passed and can claim five grace marks in the Supplementary Examination only and not the earlier Annul Examination. The right is available to the students regarding the last examination taken by them and not to the earlier examination: Admittedly the petitioners appeared in. their professional annual examinations but could not pass. They did not claim the alleged grace marks from the respondent/University nor filed any Constitutional petition in this respect. They opted to appear in the Supplementary Examination, 2003 but again remained unsuccessful. They cannot be allowed to have volte face alleging that their result of the Supplementary Examination, 2003 be ignored and they be awarded five grace marks in the earlier Annual Examination. Ignorance of law is no excuse. If the plea of the petitioners is accepted the entire Supplementary Examination 2003 is to be scrapped and the results of all previous examinations will be open to re-consideration. This cannot be the intention of Legislature. The Annual Examination, 2003 is a past and close transaction and cannot be reopened by any stretch of imagination. According to the learned counsel for the respondent the result of about 2500 students who appeared in the Annual Examination 2003 will have to be reopened. The petitioners are also estopped by their conduct to challenge the result of the earlier examination.

4. For what has been stated above this petition has no merit and is dismissed. M.B.A./M-623/L Petition dismissed.