- —Rule 17, chapter 6, Volume II—re-evaluation or re-marking of answer-sheet—not permitted under the Board’s statutory provisions—procedure for re-checking only in certain eventualities provided—(a) to re-check grand total; (b) to re-check if any question left un-marked; (c) to re-check answer-sheets are original and not changed—no direction may be issued on sympathetic ground for re-evaluation or re-marking in deviation of rules—departure from rules infringe principle of equality before law and cause discrimination to other students—no other provision is available in the Calendar for re-evaluating, rechecking or re-marking of the paper. The learned High Court has not differed with this legal aspect of the case while observing that it is true that the Calendar does not permit the authority to re-mark or re-evaluate an answer-sheet, however, besides that the learned High Court has issued the supra direction. It appears that the learned High Court was influenced by the marks-sheet of the respondent, which shows that he secured more than 90% marks in the other subjects and mainly focused on the career of the respondent on the strength of the percentage secured by him in the other papers. It may be observed here that no such direction in deviation of the statutory provisions of law can be issued on sympathetic ground, which may affect the rights of the other students, as the right of equality before law is available to every citizen of the State and nobody can be discriminated. The same Examiner has checked the paper of the other students and no objection has been brought on the record by any other student regarding his marking, therefore, the respondent cannot be singled out while giving the relief, which cannot be extended beyond the rules and regulations. Perhaps, due to the lack of assistance, the learned High Court, while delivering the impugned judgment, has not taken into account the law laid down by the apex Court of Pakistan. AJ&K Board of Intermediate vs Muhammad Meshif Mehmood 2018 SCR 636 (A)
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