MUHAMMAD WAQAS AZEEM Versus CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, MULTAN
Muhammad Waqas Azeem, a student of Matriculation, studying in Federal Government Public Boys School, Multan Cantt., claims that on the advice of Principal, Federal Government Public Boys School, Multan Cantt., Multan (respondent No.4) he along with other students of his class submitted their admission forms on 28‑11‑1987 as private candidates to the Controller of Examinations, Board of Intermediate and Secondary Education, Multan for appearance in the Secondary School Certificate Annual Examination 1988 held on 10‑3‑1988. The school in which the petitioner had studied upto January 1988 stands affiliated with Federal Board of Intermediate and Secondary Education, Islamabad. Respondent No.4 informed the Board of Intermediate and Secondary Education, Multan that the petitioner was a regular student of the school affiliated with the Federal Board of Intermediate and Scondary Education, Islamabad. Consequently respondent No.2 vide letter dated 2‑3‑1988 informed the petitioner that his candidature as private candidate was cancelled. The petitioner approached the Chairman, Board of Intermediate and Secondary Education. Multan to permit him to take annual matriculation examination being held on 10‑3‑19,88 but of no avail. The petitioner being aggrieved of the respondents, by means of the petition, invoked, the constitutional jurisdiction of this Court.
2. This petition was admitted to regular hearing on 9‑3‑1988 and the petitioner was allowed to take annual articulation examination held on 10‑3‑1988 with a condition that his result shall riot be announced and shall be subject to the decision of this petition.
3. Learned counsel for petitioner contended that the interpretation placed by the respondents on the relevant provisions of the rules is wrong and the cancellation of his candidature to appear in the Secondary School Certificate Examination was illegal. Learned counsel elaborated his arguments by submitting that the word "Board" has been defined in section 2(a) of the Punjab Board of Intermediate and Secondary Education Act (XIII) of 1976 to mean a Board of Intermediate and Secondary Education constituted or reconstituted under section 3. It was contended that even if the word "Board" is given an extended meaning it would include all Boards of Intermediate and Secondary Education within the Province of Punjab and cannot exclude the Federal Board of Intermediate and Secondary Education, Islamabad. It was, therefore, submitted that petitioner', candidature was wrongly cancelled by the respondents and their action was illegal and liable to be set aside in exercise of the Constitutional jurisdiction of this Court.
4. Mian Mushtaq Ahmad. Advocate, learned counsel for the respondents on the contrary submitted that the petitioners admittedly remained on the rolls of Government Public Boys School, Multan Cantt., Multan till January 1988, the school which is affiliated with the Federal Board of Intermediate and Secondary Education, Islamabad, therefore, he stood disqualified to appear as a private candidate in the Secondary School Certificate (Annual Examination, 1988), as contemplated under rule 7(l) (v) of Chapter I of the relevant Rules. It was submitted that the relevant provisions of the rule provide that a private candidate shall be eligible in the Secondary School Examination only if he was not on the rolls of any Institution recognized by this or any other Board or a University al any time after 30th June of the ,preceding the Secondary School Certificate Annual Examination.
5. I have heard learned counsel for parties and have perused the relevant documents on the file. Rule 7(1)(v) of Chapter I of the rules provides:‑‑
"7. In order to be eligible to appear in the Secondary School Examination, a private candidate must‑‑
(1) submit his admission form and the prescribed fee. to the Board by such dates as may be fixed by the Chairman together with the following certificate signed by an authorised person:‑‑
(i) x x x x x x x x x x x x x
(ii) x x x x x x x x x x x x x
(iii) x x x x x x x x x x x x x
(iv) x x x x x x x x x x x x x
(v) of not having been' on the rolls of any institution recognized by this or any other Board or a University at any time after 30th June of the year preceding the Secondary School Certificate Annual Examination and 31st December of the year preceding the Secondary School certificate Supplementary Examination."
The admission form prescribed by the Board of Intermediate and Secondary Education, Multan (Annexure "A" with the writ petition) requires certification by the Head of the Institution. According to condition of certificate No.1 appended to the admission form the candidate must not be a regular student of an institution affiliated with the Board after 30th June of the current academic year.
The perusal of the above provisions of the relevant rule and condition of certificate No.1, required that the candidate must not have been regular student of an institution affiliated with the Board. The point which fall for examination in this case is the definition of the word Board". The word show "Board" has defined in section 3 of the Punjab Boards of Intermediate and Secondary Education tact‑ 1976, to mean that the Government of the Punjab may establish one or more Boards in respect of such institutions or such areas as it may be necessary. It may further constitute or reconstitute the Boards of Intermediate and Secondary Education already existing within the Province. The word Board occurring in Rule 7(1)(v) of Chapter I of the relevant Rules and the admission form, only referred to the Board of Intermediate and Secondary Education, Multan or even if its meaning is stretched it may cover all Boards of intermediate and Secondary Education, Punjab, but in no case its connotation would contemplate of an institution affiliated with the Federal Board of intermediate and Secondary Education, Islamabad. 1n any case the interpretation of the provisions of the relevant rule is not free from difficulty because the word "Board" has not been defined to include the Federal Board of Intermediate and Scondary Education, Islamabad. It is well‑established that the interpretation hick advances the cause of justice, and saves the subject from penal consequences has to be adopted. The petitioner s candidature was cancelled only a week before the date of his examination without affording him Opportunity of hearing which violated the cardinal principle of natural justice.
In the result, the impugned order cancelling hit, candidature is quashed. Resultantly the respondents shall declare his result of the Examination forthwith.
6. Before parting with this case it is observed that interpretation placed on the relevant provisions of the rules shall be deemed to apply only to the solitary instant case for its peculiar circumstances and shall not be construed to have its application in general.
7. Subject to the observations made above, the petition is allowed with no order as to costs.
H.B.T/M-892/L Petition allowed.