ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.Nos.D-5999, D-6012 & D-6183 of 2014

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Order with signature of Judge

Present: Mr.Justice Muhammad Ali Mazhar

Mr.Justice Shaukat Ali Memon

1. C.P.No.D-5999 of 2014 Arwa Tariq & others v.

University of Karachi &

Others.

2. C.P.No.D-6012 of 2014 Rabia Akram & others v.

Province of Sindh &

others

3. C.P.No.D-6183 of 2014 Najma Liaquat &

Others v. University of

Karachi & others.

Date of hearing 22.01.2015

Mr.Anwar Khan Ghouri, Ms.Humera Anwar, Mr.Hameedullah Dahri, Mr.Qamar Riaz Virk, Mr.Arshad Athar, Mr.Farrukh Usman, Advocates for the petitioners.

Mr.Shaikh F.M. Jawed, Advocate for Sir Syed College of Medical Sciences for Girls.

Professor Zeenat Ayoob, Principal, Sir Syed College of Medical Sciences for Girls.

Mr.Zaheer Moin, Secretary, Sir Syed College of Medical Sciences for Girls.

Syed Mehmood Alam Rizvi, Mr.Zakir Leghari and

Mr.Abbas Haider Gaad, Advocates for Karachi University

Mr.Asif Mukhtar, Director Legal, Karachi University.

Mr.Abdul Jabbar Qureshi, AAG

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Muhammad Ali Mazhar-J: The petitioners in the aforesaid petitions have made identical prayers that the respondents may be directed to rectify the mistake and make correction in their results by declaring them passed and fresh marks sheet should be issued to them. It was further prayed that their institution be directed to allow them to attend the next higher classes.

2. After filing this petition and in pursuance of proceedings conducted by this court on different dates, the Karachi University convened a meeting of inquiry committee on 23.12.20014 in order to resolve the issue. They agreed that all those students will fill up the Supplementary Examination Forms, who failed in practicals. The candidates failed in theory papers will not be allowed to attend the practical examinations. It was further decided by the committee that the word ‘supplementary’ will not be written on the marks certificates for which request will be made to the Vice Chancellor for approval. It was further decided that this concession shall be provided to only those students who have “passed” in Theory papers i.e. General Medicine, General Surgery, General Pathology, Special Pathology and Forensic Medicine.

3. In C.P.No.D-6183/2014 though the same relief has been claimed by the two petitioners, but two more students have filed applications under Order 1 Rule 10 CPC for becoming party. CMA No.1591/2015 has been filed by Ms.Saher Niaz while CMA No.1592/2015 has been filed by Ms.Shahila Jatoi. They are also present in court. Counsel appearing for the petitioners and Karachi University have no objection. By consent their applications are allowed and they are made party to this proceeding. The amended title showing them as petitioner Nos.3 and 4 is taken on record.

4. After arguing at some length, all the learned counsel, petitioners and officials present in court have agreed that the aforesaid petitions may be disposed of on the following terms:-

(a) As recommended by the committee, with slight modification that the petitioners, who have failed in the practical examination will be allowed to attend practical/viva on the basis of their earlier examination forms and admit cards with the same roll numbers.

(b) The Principal and Secretary, of the Sir Syed College for Medical Sciences for Girls submitted that in view of the minutes of meeting filed by the Karachi University they called upon all such candidates to deposit supplementary examination fee. Since they will be allowed to appear on the basis of their original examination forms and admit cards, therefore, the fee deposited by them for supplementary examination shall be refunded back within a week.

(c) It is further agreed that the Secretary/Registrar of Sir Syed College for Medical Sciences for Girls will make list of all such students, who failed in the practical examination and after authentication and verification of the list by the Principal, the list will be delivered to the Controller of Examination of Karachi University by the Secretary himself. After receiving the list, the Controller of Examination of Karachi University will announce the date of practical/viva, which will be notified to the respondent No.3 in three days advance.

(d) The respondent No.3 shall intimate the date to the students in accordance with their procedure including affixation of schedule of practical/viva on the College Notice Board for information.

(e) It is also agreed that in the marks sheet the word ‘supplementary’ shall not be mentioned.

(f) After delivering the result of practical/viva examination in seal cover by the Secretary/Registrar of the Sir Syed College for Medical Sciences for Girls to the Controller of Examination of Karachi University, the marks-sheet, will be issued by the University within 10 days positively.

(g) The Director Legal, Karachi University as well as the Principal and Secretary of the Institution have agreed to accommodate the petitioners keeping in view the exigency and force of circumstances, therefore, no further opportunity will be provided to the petitioners after appearing them in practical/viva and they will accept the result of the practical/viva without any further objection.

(h) The conditions mentioned in Paras (a) to (g) will also be applicable to the petitioners of C.P.No.D-6183/2014 as according to the learned counsel appearing for the Karachi University and their Director Legal, the subject of ‘Pediatric’ was missed or oversight by the inquiry committee of Karachi University while discussing the other subjects for which they recommended the modalities to solve the issue in the larger interest.

5. All the aforesaid petitions are disposed of along with pending applications.

Judge