CHAIRMAN, BOARD OF INTERMEDIATE & SECONDARY EDUCATION, BALOCHISTAN, QUETTA and 2 others vs MALEHA EJAZ and another
This matter originated from a Constitutional Petition filed by respondent No. 1, Maleha Ejaz, before the High Court of Balochistan, challenging the refusal of the Board of Intermediate and Secondary Education, Balochistan, to allow her to appear in the S.S.C. Board Examination of 1994. The High Court, exercising jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, directed the petitioners to permit the respondent to appear for the examination as a science student. The petitioners challenged this direction before the Supreme Court of Pakistan. The core legal question before the Supreme Court was whether the High Court's order was legally valid, specifically considering that the High Court had issued its directive without addressing the mandatory requirement stipulated in Rule 2(4) of the Secondary School Examination Rules, which mandates a minimum of 75% attendance in each subject for a student to be eligible for the examination. The Supreme Court granted leave to appeal to determine if the High Court's failure to consider this specific regulatory attendance requirement rendered the impugned order legally unsustainable.
- Does a High Court order directing an educational board to allow a student to sit for an examination without considering mandatory attendance rules constitute a valid exercise of jurisdiction?
- Is compliance with the 75% attendance requirement under the Secondary School Examination Rules a mandatory condition precedent for appearing in the S.S.C. Board Examination?
- Article 199, Constitution of the Islamic Republic of Pakistan
- Rule 2(4), Secondary School Examination Rules
ORDER
1. SAIDUZZAMAN SIDDIQUI, J.---Leave is granted in the case to consider whether the direction given by the learned Judges of the Division Bench of the High Court of Balochistan in the Constitutional Petition filed by respondent No, 1 (Maleha Ejaz) under Article 199 of the Constitution of Islamic Republic of Pakistan, to the petitioners to allow respondent No,1 to appear as a science student in the S.S.C. Board Examination 1994, without considering the effect of Rule 2(4) of the Secondary School Examination Rules, which required at least 75% attendance of the student in each subject, was a legal and valid order.
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