LAHORE: The Lahore High Court directed the Vice Chancellor of University of Higher Sciences (UHS) to consider the improved marks of petitioners Faitma Nadeem and others in their respective applications for admission for MBBS/BDS session 2021-2022 by substituting the original marks while preparing the merit list.
The court held that it is admitted position that 27 applicants, including the petitioners, had already applied for substitution of their improved marks before February 06, however, the request was declined through written orders or by not entertaining their applications.
The court observed that by rejecting the request for substitution of marks, respondents are ousting them, for a technicality, from being considered on merit, which is violation of the fundamental right.
The court held that the primary duty of a judge in a high court, exercising constitutional jurisdiction under the Article 199, is to protect the Constitution and fundamental rights guaranteed therein, even of those citizens who are not before the court.
The court said ample opportunity was given to respondents’ side for showing that creation of such a class was inevitable and that allowing permission to the petitioners and other similarly placed applicants would halt the system. The explanation given by respondents’ side is not satisfactory, the court added.
The court said the marks obtained by the candidates who opted for ‘delayed result candidates’ were being entered in the system till February 06 where after final list for the purpose of merit is to be prepared.
The court said if 100 percent marks entered in the system for the applicants, who selected the ‘delayed result candidates’ category, can be replaced with improved marks, why original marks obtained and entered by 27 applicants cannot be substituted with their improved marks obtained in special examination, the court added.
The petitioners were aggrieved of declining or not entertaining their request of including improved marks, obtained in special examination, while preparing final merit for admission in MBBS/BDS Session 2021-2022.
Copyright Business Recorder, 2022