2005 PLP 1389 (CLC)

This order shall disposed of Writ Petition No.874 of 2005 (Tahir Hasnain Aziz v. University of the Punjab etc.) and Writ Petition No.875 of 2005 (Saqib Ali Khalid v. University of the Punjab etc.) because identical questions of law and facts are involved in both of them.

2. Tahir Husnain Aziz and Saqib Ali Khalid, petitioners appeared in Annual Examination LL.B. Part-II held in 2003 and were declared successful. They approached respondent No.3 for onward examination of LL.B. Part-III to be held in May-June, 2004 for which the last date of submission of examination fee was 25th March, 2004 but the University refused to receive fee for examination. The petitioners being aggrieved of the said action, respectively filed Writ Petitions Nos.882 and 829 of 2004. By interim order of the Court the petitioners were allowed to appear in the said examination but the result was not announced. Through another interim order the result was announced.

3. The petitioners through these petitions prayed that respondent be directed to declare the result of the petitioners in LL.B. Part-III Examination held in September, 2004 and treat the petitioners in accordance with Regulation No.4, Volume-II, the Calendar of the University of the Punjab, for the year 1998, printed in 1999, Lahore-Pakistan and other prevailing sections/regulations, according to law, to meet the ends of justice.

4. The learned counsel for the petitioners contends that the respondent-University is withholding the result of the petitioners in LL.B. Part-III Examination and they should be allowed to appear in the examination.

5. The respondent-University has filed report and parawise comments contending that the petitioners appeared in LL.B. Part-III Supplementary Examination, 2003 in full subjects through the orders dated 11-5-2004 passed by this Court in Writ Petitions Nos.882 of 2004 and 829 of 2004; Roll Number Slips were issued to them provisionally subject to the final decision of the writ petitions; they again appeared in failing papers by the order of the Court, dated 2-9-2004 provisionally for Annual Examination, 2004, both times their result was declared as "R/L. Decision." By the order of the Court dated 31-8-2004 result card was issued to him with the remarks that "This result card is issued provisionally by the order of the Honourable Court in Writ Petition 882 of 2004, C.M. No.1189 of 2004 dated 31-8-2004 subject to the final decision of the writ petition and also without prejudice to our legal rights to go in appeal before the higher forum". It is contended that the aforesaid writ petitions along with some other petitions were disposed of on 12-10-2004 on the basis of deliberate wrong statement made by petitioner's counsel in the Court on 12-10-2004 that the result of LL.B. Part-III has been announced when it was actually declared on 15-2-2005.

6. Learned counsel for the petitioners contends that the result has been withheld illegally and the petitioners are entitled for the relief.

7. On the other hand, learned counsel for the respondent-University contends that the petitioners were not eligible to appear in full subjects in Supplementary Examination, 2003 according to the University Rules. They were eligible to appear in Annual Examination, 2004.

8. Arguments heard. Record perused. It is admitted position on the record that the petitioners submitted application in March, 2004 to appear in the LL.B. Part-III Examination to be held in May, 2005. Their Annual LL.B. Part-II Examination was held in August, 2003 and the result was declared on 28-2-2004. Chapter-V Bachelor of Law (LL.B.) Part-III Examination, rule 2 of the Calendar for the year 1998 Volume-II says, "the examination shall be open to any person who:

(i) has passed the LL.B. Part-II Examination of the University of the Punjab in the subjects prescribed in Statute 1, relating to the LL.B. Part-II Examination or, subject to sanction of the Academic Council, the equivalent Law examination of any other recognized University; (ii) has been on the rolls of the Law College, Lahore or an affiliated Law College, as the case may be, during the academic year preceding the examination."

9. A bare reading of the above rules would show that the petitioners were not entitled to appear in LL.B. Part-III Examination of the University of Punjab because they had not passed LL.B. Part-II, Examination when they submitted the forms for examination to be held in August, 2003 and the result was announced on 28-2-2004. The interim orders passed in C.Ms. by this Court in the earlier writ petitions were subject to the result of the writ petitions. This being so, this petition has not merits and the same is dismissed'. For the same reasons, Writ Petition No.875 of 2005 is also dismissed. S.A.K./T-88/L Petition dismissed. ***