Court threw away Farah Dogar additional marks case
Islamabad High Court throws away challenge to additional exam marks
Islamabad, Jan 17: The Islamabad High Court threw away on Friday
petitions challenging the grant of additional marks to a daughter of Supreme
Court Chief Justice Abdul Hameed Dogar in the FSc examinations and held that no
exception could be taken by the high court to the re-evaluation made by
"There is nothing wrong in the marks increased in
re-evaluation by the experts in the field and no exception can be taken by this
court to the procedure adopted by the chairman (Federal Board of Intermediate
and Secondary Education) and the re-evaluation made by examiners," Chief Justice
Sardar Mohammad Aslam observed while rejecting the two petitions for being
The petitions were moved by Iftikhar Hussain Rajput and
Azam Khan Sultanpuri of the Tehreek Falah-i-Pakistan.
The 14-page order
also asked the secretary of the ministry of education, the controlling authority
of the FBISE, to consider the possibility of bringing an amendment to the board
rules to provide a procedure for re-evaluation of papers.
was not happy with the decision and termed it a "death of justice" that would
continue to happen in future. He expressed his intention to challenge the
decision in the Supreme Court and said the order would have serious implications
for brilliant students.
Raja Abdur Rehman, the counsel for former
chairman of the FBISE Commodore (retd) Shamshad Ahmed, suggested provisions
regarding the filing of an intra-court appeal in the IHC against the decision of
a single bench.
"Victorious are the students as the decision has brought
a good news for those who were discriminated in the process of examination
papers' checking. They could now appeal to the board for reassessment of their
papers," he said.
He said the controversy should now end and the National
Assembly's Standing Committee on Education should accept the judgment.
Dec 5, the Supreme Court while taking up a petition had stayed a probe by the
standing committee into the matter, but later dismissed the petition.
Dec 13, Farah Hameed Dogar came out in defence of herself and said that saying
her career had no grey area and her blotless performance in school and college
could be verified.
Authored by the IHC chief justice, the Friday's
judgment said that in order to foster the principle of justice a wrong had to be
remedied. "In the absence of a statutory provision, residuary power rests with
the authority to undo manifest case of victimisation by the
Citing a Supreme Court verdict in the Salma Afroze case which
had held that the principle of undoing the wrong was available to both the FBISE
and the court, the judgment said re-evaluation could serve as a check on
arbitrariness, casualness and negligent attitude of the examiner.
constitutional courts in Pakistan, the judgment noted, had always been directing
re-evaluation in cases of hardships and exceptional nature itself, where the
rule did not permit such an exercise.
"An examinee may not suffer in his
career on account of incorrect marks awarded by a sub- or head-examiner, in the
absence of supervisory power with the board or the university directing
re-evaluation," it said.
During the proceedings, the record of answer
scripts of Miss Farah, which had earlier been sealed, was de-sealed in the
presence of the counsel for the parties for their examination. Dawn
My son is no Farah Dogar
Islamabad: My son, who is presently studying in LUMS, got very upset to see his marks in
Chemistry in 2004 matric examination. He contested that something drastically
has gone wrong as there was no way that he could have got so low marks in this
subject. Owing to his good academic record, I decided to peruse his case with
the Federal Board. I approached the chairman, Commodore Shamshad, who advised me
to deposit required fee and apply for rechecking of the paper. I was also told
that the 'only' provision available in rechecking of the paper is to check if
the totalling has been done right and no answer has been missed out while
marking. He also said that under no circumstances the originally given marks
could be altered. My son was also not permitted to see the paper to verify if it
had not been changed with someone else's paper. As a result I was told that the
marking of the paper was found good.
Now after reading the judgment of
the Islamabad High Court decision in the Farah Dogar case, I assume that the
increase in her marks has been found good as per the laws of the Federal Board.
I, therefore, request the chairman of the Federal Board to clarify if the board
authorities lied to me in 2004 or there are some more equals under the equally
applicable laws of the Federal Board. -Munzar Ata
'Farah case verdict black chapter of judicial history'
Lahore: The PML-N leadership has termed Islamabad High Court verdict on
Farah Dogar's case another black chapter in judicial history.
leadership criticised the IHC decision, saying it anticipated such a verdict. It
said the verdict could not mould public opinion as people could discriminate
between right and wrong.
PML-N Information Secretary Ahsan Iqbal termed
the decision a black chapter in the judicial history. He said the decision had
strengthened PML-N stance on PCO judges that these judges lacked the courage to
give decisions against the wishes of those in the power corridors. He said the
decision was not surprising because they knew the PCO judges would decide the
case in favour of Farah Dogar.
Commenting on Mian Nawaz Sharif's
eligibility case, he said Nawaz Sharif was least concerned and bothered about
the expected judgment because he had referred his case to the 'court of people'.
PML-N Vice President Zafar Ali Shah was of the opinion that the IHC
decision had provided relief to Farah Dogar but people would not approve this
judgment. He said the court judgments could not change the decisions of people
who would not forget the reality. He said that IHC decision might be taken up in
the Superior Court but it would do no good. He said the PPP might have gained
through courts decision but it would be very difficult for it for face the
PML-N Secretary General Zafar Iqbal Jhagra said they were not
expecting a surprise from the PCO judges.
He said the judgment had
approved their stance on PCO judges that they did not have any independent
opinion. Azmat Khokhar, Central Finance Secretary PML-N Labour Wing, said the
IHC decision would infuse a new spirit among lawyers movement who were
struggling against PCO judges. The News
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