Fawad Aziz Vs Controller of Examination, Univeristy of Peshawar

JUDGMENT SHEET

PESHAWAR HIGH COURT, PESHAWAR

JUDICIAL DEPARTMENT

WP No.3156-P/2017

Date of hearing 04.09.2019 Mr. Rahman Ullah, Advocate, for the petitioner. Mian Asif Aman, Advocate, for respondents No.1 to 5.

Mr. Muhammad Nabi, Advocate, for respondent No.6.

JUDGMENT

AHMAD ALI, J. Through the instant petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner, Fawad Aziz, has challenged notification No.198/135/Z00l/Secrecy dated 13.07.2017 issued by respondent No.1, regarding revised merit positions of the petitioner and respondent No.6.

2.Brief facts, as averred in the writ petition, are that the petitioner got 1st position in BS Zoology (4 years) and awarded Gold Medal by University of Peshawar. Results of the petitioner as well as respondent No.6 were announced in the year 2014 vide notification dated 07.08.2014, issued by respondent-university, whereby petitioner was awarded the 1st position with a Gold Medal while respondent No.6 was awarded 2nd position. The respondent-university declared first three positions vide notification dated 07.08.2014 which is reproduced bellow for convenience:-

No.118/BS/Zool/Secrecy Dated 07.08.2014 Merit Positions Subsequent to the result notification No.28/BS/Zoology/ Semester-UOP Dated 18.02.2014. First three merit positions of the candidates who have passed BS (Zoology) 4- Years Degree Programme under Semester System of Examinations during the session 2009- 2013 at the Department of Zoology University of Peshawar is notified as under:- E.No Name Fathers name Reg No GPA CGP Merit A Position Zool-02 Fawad Azizi Aziz Khan 2009-U-7788 21.2 3.9 1st Zool-03 Muhammad Bar Tajbar Khan 2009-U-7792 18.5 3.9 2nd Khan Zool-09 Tanveer Said Nisar 2009-U-7789 18.5 3.9 2nd Shahzad Zool-06 Khair Rafique Khair Faqir 2009-U-7791 12.8 3.9 2nd

SD/-

Controller of Examinations University of Peshawar

Later on, on the application of respondent No.6, another merit list showing revised merit positions was issued vide notification dated 17.03.2017, in which respondent No.6 was shown to be on 1st position with 521.5 GPA while present petitioner was shown to be on 2nd position with 521.2 GPA, said notification is also reproduced below for ready

reference:-

No.198/BS/Zool/Secrecy Dated 13.07.2017 Revised Merit Positions Notification In supersession of this office Merit Positions Notification No.118/BS/Zool dated 07.08.2014, the first three merit position s of candidates, who have passed BS (Zoology) 4- Years Degree Programme under Semester System of Examinations, during the session 2009- 2013 at the Department of Zoology, University of Peshawar is notified with the following order of merit:- Merit E.No Name Fathers name Reg No GPA CGPA Position Zool-03 Muhammad Bar Tajbar Khan 2009-U-7792 521.5 3.9 1st Khan Zool-02 Fawad Azizi Aziz Khan 2009-U-7788 521.2 3.9 2nd Zool-09 Tanveer Said Nisar 2009-U-7789 518.5 3.9 2nd Shahzad

This is issued with the approval of the competent authority Note:

This merit is declared as a notice only. It does not in itself confer any right or privilege of independence for the award of proper certificate/Gold Medal. Errors and omissions, if any, are subject to subsequent rectification.

SD/-

Controller of Examinations University of Peshawar The said revised merit positions notification dated

13.07.2017 is impugned herein the instant writ petition.

3.The respondents were put on notice. Their comments were called for, which have been filed, wherein the issuance of writ was opposed.

4.Arguments heard and available record perused.

5.Perusal of record reveals that on the application of respondent No.6, proper enquiry was conducted by the respondent-university and in this regard a committee was constituted, consisting of the following:

The Chairman, Department of Zoology The Controller of Examinations The Deputy Controller of Examinations The Coordinator (BS Programme), Department of Zoology Mr. Fawad Aziz, Lecturer, University of Swabi Mr. Muhammad Bar Khan, Teaching Assistant, Govt: Degree College Wari, Dir Upper The committee recommended the following decisions; • That Mr. Fawad Aziz is required to hand over the Gold Medal to Mr. Muhammad Bar Khan which is his legitimate right and the office of the Controller of Examinations will issue a revised notification by declaring that Mr. Muhammad Bar Khan as 1st in merit while Mr. Fawad Aziz will be 2nd in merit.

• The committee further decided that the benefits on the basis of Gold Medal, achieved by Mr. Fawad Aziz may not be withdrawn and Mr. Muhammad Bar Khan will be eligible as a Gold Medalist with effect from date of issuance of revised notification.

6.According to the record, in Geography paper of 4th Semester, respondent No.6 obtained 82 marks which valued mistakenly and inadvertently by the respondent No.1 as (2.8) instead of actual value (3.8) in official notification dated 18.02.2014 as well as in subsequent notification dated 07.08.2014, the respondent No.6 was placed on 2nd position by obtaining 3.9 CGPA. The matter was later on clarified by

respondent No.4 and after correction in the record, respondent No.6 secured 3.8 CGPA value and total grade points became 521.5 GPA which definitely exceeds the grade points of petitioner. More-so, in the certificate and in the notification it has clearly been mentioned that “Errors and omissions, if any, are subject to subsequent rectification”. The respondents have annexed with their comments, the official transcript of the respondent No.6 wherein his particulars have been shown as “Registration No. 2009-U-7792 Enrollment No.Zool-03” which further clears the matter in question in which the disputed value has been mentioned. Relevant portion of the said transcript is reproduced below for ready reference:-

4th Semester (Spring-2011) Paper Marks obtained Value Geography 82 2.8 Disputed 5th Semester (Fall-2011) Physiology 82 3.8 6th Semester (Spring-2012) Biological Technology 82 3.8

The above detail shows that respondent No.6 got 82 marks in 4th Semester Geography paper but value awarded was mentioned as 2.8 but in the 5th & 6th Semester papers i.e.

Physiology & Biological Technique, respondent No.6 also obtained 82 marks each, but, value awarded was mentioned as 3.8 against both the papers which means that the impugned notification is quite correct and calls for no interference of this Court.

7.In view of the above, the instant writ petition, being bereft of merit, is hereby dismissed.

Announced;

JUDGE

JUDGE

Amjad PS DB Hon’ble Mr. Justice Rooh-ul-Amin Khan & Hon’ble Mr. Justice Ahmad Ali