| Case ID |
1a2c3a3f-2bb2-42ea-ad5d-f0218efaccef |
| Body |
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| Case Number |
Civil Appeal No. 164 of 1983 |
| Decision Date |
Dec 04, 1983 |
| Hearing Date |
Dec 04, 1983 |
| Decision |
The appeal was allowed, and the impugned judgment of the Intra-Court Appeal Bench granting a writ was set aside. The court found that the respondent Ali Mir had no case made out for issuance of a writ as he failed to show that the Board had contravened any law in refusing to re-evaluate his answer-book. The court emphasized that there was no provision for re-evaluating answer-books under the relevant rules and that the decision of the Board was within its authority. The court also noted that the earlier marking was not a case of 'complete injustice' as claimed by the respondent. |
| Summary |
This case revolves around a civil appeal against a decision made by the Lahore High Court regarding the re-evaluation of an answer-book of Ali Mir, who was a candidate for the Intermediate Examination. After failing the examination, Ali Mir requested a re-check of his answer-book but was denied on the grounds that no errors were found. The Lahore High Court had earlier accepted his Intra-Court Appeal, leading to this Supreme Court appeal by the Board of Intermediate and Secondary Education. The Supreme Court evaluated the legal provisions and the specific circumstances surrounding the case, determining that the Board acted within its jurisdiction and that the request for re-evaluation was not supported by the established rules. The court concluded that there was no violation of any law by the Board and thus allowed the appeal, setting aside the writ granted by the High Court. This case highlights the legal principles governing educational institutions and the limitations on judicial intervention in academic matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
SHAFIUR RAHMAN,
M. S. H. QURAISHI,
MIAN BARHANUDDIN KHAN
|
| Lawyers |
K. H. Khurshid, Senior Advocate Supreme Court,
Ch. Ejaz Ahmad, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record,
S. M. Akhtar Mir, Advocate Supreme Court,
M. Ismail Qureshi, Advocate Supreme Court
|
| Petitioners |
another,
CHAIRMAN, BOARD OF INTERMEDIATE & SECONDARY EDUCATION, Lahore High Court
|
| Respondents |
ALI MIR
|
| Citations |
1984 SLD 511,
1984 SCMR 433
|
| Other Citations |
R. v. Dunsheath (1950) 2 A E R 741,
Thorne v. University of Londons (1966) 2 A E R 338,
Board of Intermediate v. Massadaq Naseem P L D 1973 Lah. 600,
Muhammad Sayyar v. Vice-Chancellor, University of Peshawar P L D 1974 S C 257,
Muhammad Hussain v. Sikandar P L D 1974 S C 139,
Controller of Examinations, Board of Intermediate and Secondary Education v. Waqar Hussain Hashmi P L D 1977 Lah. 1019
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)
|
| Sections |
Art. 185(3),
S. 14(4)
|