| Case ID |
4428a075-9d4e-4c57-b138-8da89f5e7673 |
| Body |
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| Case Number |
Writ Petition No. 7266 of 1994 |
| Decision Date |
Nov 03, 1994 |
| Hearing Date |
Oct 23, 1994 |
| Decision |
In this Constitutional petition, the Lahore High Court examined the petition filed by Miss Nosheen Asghar against the University of Punjab and others regarding the alleged miscalculation of her examination results. The petitioner contended that she was erroneously declared failed in the Surgery subject due to a mistake in the compilation of her marks. Upon thorough review, including the examination of records maintained by the examiners, the court found that there was indeed a clerical error in tabulating her marks, which should have been corrected from 89 to 109 out of 200. The court held that the authorities lacked the jurisdiction to reject the petitioner's request for a scrutiny of her records based on the relevant regulations. Consequently, the court directed the University of Punjab to rectify the error and declare the petitioner’s result accordingly, thereby ensuring justice and upholding the constitutional rights of the student. |
| Summary |
In the landmark case of Miss Nosheen Asghar versus the University of Punjab and others, the Lahore High Court addressed critical issues related to educational examination integrity and constitutional rights within academic institutions. Filed as Writ Petition No. 7266 of 1994, the petition highlighted a significant error in the compilation of examination results that adversely affected the petitioner’s academic standing. Specifically, Miss Nosheen Asghar, a diligent student from Fatima Jinnah Medical College, Lahore, was erroneously marked as failed in her final professional M.B., B.S. Examination in the subject of Surgery due to a miscalculation of her practical examination marks. Instead of the accurate 109 marks, the records incorrectly displayed 89 marks out of 200, leading to her unfortunate failure in the entire examination.
The petitioner raised concerns regarding the oversight and demanded a thorough scrutiny of her examination records, advocating for fairness and transparency in the evaluation process. Despite her valid apprehensions, the University authorities initially dismissed her request, citing regulations that deemed the examiner's award list as final and unchallengeable. This stance not only undermined the student’s rights but also raised questions about the procedural fairness in academic assessments.
Under Article 199 of the Constitution of Pakistan, the Lahore High Court was empowered to intervene in matters where legal injustices were evident. The court meticulously reviewed the evidence presented, including testimonies from the examiners and the detailed records of marks. It became evident that a clerical error occurred during the aggregation of the short and long course marks in the subject of Surgery. The correct addition of 59 marks from the long course and 50 marks from the short course should have resulted in a total of 109 marks. The erroneous addition led to a total of 89 marks, which was insufficient to pass the examination.
The court’s decision underscored the importance of accuracy and accountability in academic evaluations. By recognizing the significant impact of a mere clerical mistake on a student’s academic and professional future, the court reinforced the necessity for educational institutions to uphold strict standards of precision and fairness. The judgment mandated the University of Punjab to rectify the error promptly, thereby restoring the petitioner’s rightful academic standing.
This case serves as a pivotal reference for future legal interventions in academic disputes, emphasizing the protection of students' rights against administrative oversights. It highlights the critical role of the judiciary in ensuring that educational institutions adhere to constitutional mandates and maintain the integrity of their examination processes. The Lahore High Court’s ruling not only vindicated Miss Nosheen Asghar but also set a precedent for upholding transparency and accountability within the educational sector. By addressing and correcting such fundamental errors, the judiciary plays an essential role in fostering a fair and just academic environment, thereby enhancing the credibility of educational institutions and safeguarding the interests of diligent students across Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
University of Punjab,
Fatima Jinnah Medical College, Lahore
|
| Judges |
Munir A. Shaikh, J
|
| Lawyers |
M. Saleem Sehgal,
Ch. Muhammad Farooq,
Ch. Muhammad Raza Farooq
|
| Petitioners |
Miss Nosheen Asghar
|
| Respondents |
University of Punjab and others
|
| Citations |
1995 SLD 1127,
1995 CLC 1285
|
| Other Citations |
Writ Petition No. 1509 of 1993
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|