Before The Peshawar High Court, Abbottabad Bench

Fawad Ghani s/o Abdul Ghani Resident of Mohallah Gulfam Khan,

Tehsil and District Mansehra……………………. Petitioner

Versus

1) Vice Chancellor, Hazara University

2) Head of Law Department, Hazara University

3) Controller of Examination, Hazara University

Mansehra………………..................................... Respondents

Writ petition Under Article 199 of

Constitution of Pakistan for a declaration to the effect that petitioner
is entitled to Gold Medal and as per the spirit of the rules 2013 of
Hazara university the refusal of Respondents to consider and award
the petitioner with gold medal is discriminatory, biased, fanciful,
unjustified and the result of nepotism hence not sustainable in the
eye of law.

Respectfully Sheweth,

FACTS

1) That the petitioner was enrolled as a student of L.L.B (Hons) in the

first batch of five year’s degree programme (2013-18) against
registration number 13-LLB (5)-F-HU-3 in the Hazara University.

2) That at the time of admission the petitioner along with five other
students was enrolled in the degree programme; however, four
students left the degree programme in various semesters while
remaining one student freezes his 8th semester. Ultimately, the
petitioner became the only candidate who completed the degree
programme successfully.

3) That upon the reduction in student strength, the department of

law coupled the subject’s common with parallel (L.L.B-3 years)
programme such that all of the students of both the programmes
attended the same lectures and were evaluated by same teachers.

4) That the petitioner has passed and topped every semester L.L.B
session (2013-18) and secured highest CGPA 3.7 out of 4.0 “including
last 3 semesters which were attended along with the students of
(L.L.B-3year) programme in the first attempt without failing and
improving any subject”.

(Photocopy of transcript is annexed)

5) That the petitioner submitted two applications to respondents 1

and 2 on 3/12/2018 and resultantly respondent no 1 marked the
application to the controller of examination, response to which
respondent 3 refused to award the gold medal to the petitioner.

(Application and rules of university are annexed)

6)That the petitioner applied for the attested copies of objections

laid by respondent 3 pertaining to the aforesaid application, list of
gold medalist students of previous session and semester rules of the
Hazara University 2017, but the university did not comply with the
application. Due to the discriminatory attitude of the respondents,
petitioner appliedthrough Right to Information Act 2013 to get the
copies of the aforesaid documents via registered post upon which
office of the public information officer sent said documents except
university rules.

(Objections raised by the respondents no 3 envelope and list of gold

medalist is annexed)

7) That the respondents alleged in the objection that according to

the semester rules if number of students is less than 5 then no
position/ gold medal will be awarded but after the perusal of the
university rules downloaded from the university website there is
nothing in the semester rules such like objection arrayed by the
respondents no 3.

(Semester rules of university is annexed)

8) That the respondent 1 and 3 awarded many other students with

gold medals in different batches of L.L.B and other degree
programme to the students who have secured CGPA of 3.2, 3.6, 3.7
and 3.8 in different years.

(List of gold medal students is annexed)

9 that the petitioner feeling himself aggrieved is left with no option

but to seek the kind indulgence of this august court upon the
following grounds inter alia;

GROUNDS

1. That the petitioner has topped all the semesters and obtained the
highest marks throughout his study in the university that is evident
by comparing his CGPA with previous award holders.
2. That the respondents have over looked the rules of university and
deprived the petitioner of his valuable rights to get the gold medal
whereas according to the rules of university there is no hindrance for
the award of the gold medal.

4. That the petitioner is affected by a “so called” and discriminatory

criteria that is subjective and external with no links to performance
and evaluation of students in the degree programme which
tantamount undermine the basic right of student to equal
opportunity and fair evaluation.

5. That the absolute grading system is adopted in the evaluation

which is not to be influenced by the number of participants in a given
course hence in such system the rule of minimum participant is not
relevant.

6. That the petitioner despite his hard work and excellent grades
earned in five years will be at a lowest podium as compared to the
fellow students while applying for job applications pursuing different
careers where distinction is rewarded with extra points.

7. That the behavior of respondents is discriminatory with the

petitioner at the cost of the golden time devoted by him.

8. That the petitioner feels strongly discriminated despite his hard

work, sincere input and determination to complete the degree
programme.

9. That as per the glaring canons of interpretation impact of any rules

and regulation must be construed so as to safeguard the rights of the
subject.

10. That there is no any other adequate and effective remedy

available; hence the writ jurisdiction of this august court is sought
while sitting in parental jurisdiction as well.
It is therefore very humbly prayed that on the acceptance of this writ
petition this honorable court may graciously be pleased to declare
the act of the respondents is against the rules of the university
unlawful and against the law and petitioner has a right of certificate
of academic excellence/ gold medal and also may graciously be
pleased to direct the respondents for the award of gold medal to the
petitioner and any other relief as deemed fit and proper by this
honorable court in the circumstances of the case.

Dated 12/2/19 Fawad Ghani

ThroughVerification

It is certified that the contents of this writ petition are true and
correct to the best of my knowledge and belief and nothing has been
concealed or suppressed from this honorable court.