P L D 1988 Lahore 268 (PLP)

This is a constitutional petition filed by Muhammad' Siddique, petitioner, to compel the Principal, University Law College, Lahore, to admit him as a student of F.E.L. Class.

2. The brief facts of the case are that the petitioner applied for admission as a student of F.E.L Class in the Punjab University Law College, Lahore, for the Session 1986‑87, vide application registered at Serial No.398. It is the case of the petitioner that he had successfully completed training in the National Cadet Corps during the period he ,was a student of F.A. class and if twenty extra marks had been added to the 447 marks obtained by him in the B.A. examination, he would have secured admission, as candidates securing up to 454 marks had been admitted.

3. On behalf of the respondent college it is submitted that under section 29(c) of the National Guards Act, LXI of 1973, twenty marks could only have been added to the marks obtained by the petitioner in the F.A. examination for admission to B.A. course, as he had completed his National Cadet Corps training during the period he was studying for the Intermediate examination, and not to the marks obtained by him in the B.A. examination, for purposes of admission to the LL.B_ course ' as he and not undergone any training during 'the period he was studding for the B.A. examination. In this connection learned counsel has cited Lutufullah Sheikh, v Principal University of Law College, Lahore (W.P. No.610 of 1982 decided by this High Court on 19‑4‑1982). However, within questioned as regards the policy of the constituent colleges and other departments of the Punjab University with regard to the compliance of the rule stated in Lutufullah Sheikh's case in respect of the admissions to the M.A. /M.Sc. classes, the learned counsel for me respondent admits that the rule is not being applied by the Punjab University Oriental College in respect of its admission to the M.A. classes and that the majority of the departments Of the Punjab University are also not applying the said rule. To be precise, the said institutions are permitting the addition of twenty marks to the B.A. examination results when admitting candidates to the M.A./M.Sc. classes.

4. Since the case has been argued at length, whilst admitting this petition, I would dispose of this case as a notice case.

5. I have given my anxious consideration to this case. In order ,to understand the matter, it is necessary to first reproduce section 29 as it existed in 1973 and as amended thereafter in 1975. Initially section 29 of the National Guards Act, LXI of 1973 read as follows.

29. Concessions. ‑‑On successful completion of training, a person shall be entitled to the following concessions, namely: (a) he shall, if otherwise eligible, be given preference for selection for grant of commission in the Armed Forces of Pakistan; (b) he shall, if otherwise eligible, be given preference for appointment to any post under a Government, a Government controlled organization or a local authority; and (c) he shall, in an examination held for the purpose of admission to any institution of advance studies, be awarded ten per cent of the marks he obtains in the examination. With the amendment brought about by the National Guards (Amendment) Act, 1975, the said section reads as follows: "

29. Concessions.‑ -A person who has either successfully completed the training or having successfully completed not less than seventy five per cent of the total training period, is still undergoing training, shall be entitled to the following concessions namely: (a) he shall, if otherwise eligible, be given preference for selection for grant of commission in the Armed 'Forces of Pakistan; (b) he shall, if otherwise eligible, be given preference for appointment to any post under a Government, a Government controlled organization or a local authority; and (c) he shall, for the purposes of admission to any institution of advance studies, be awarded twenty marks in addition to the marks obtained by him in the examination held for the purposes of such admission or, if no such examination is held, in the examination on the basis of having qualified in which he seeks such admission . Provided that in respect of the period preceding the enactment of the National Guards (Amendment) Act, 1975, this shall have effect as if for the words 'seventy five per cent' therein, the words 'fifty per cent.' were substituted."

6. It is the case of the University that the object of giving the benefit of twenty marks to a student who has completed his training in the National Cadet Corps is to make up for any loss of marks which such a student may have suffered when he appeared in the final examination. during which course of study he had spent time in attending the training. It is submitted that where a student during the period of his study for the Intermediate examination has undergone and completed such a training, he is entitled to have twenty marks added to the marks obtained by him in the F.A & F.Sc. examination for the purposes of admission to a degree course and where during the period of his study for the degree examination he has undergone and completed such a training, he is. entitled to have twenty marks added to the marks obtained by him in the B.A./B.Sc. examination for the purposes of admission to the next or higher degree course. On this analogy it is urged that a person who has completed his training, whilst studying for the Intermediate examination, cannot have twenty marks added to those obtained by him in the B.A. /B.Sc. examination for admission to the next or higher degree course.

7. The rule stated by the learned counsel for the respondent appears to be logical and has some force, but the question is whether the said principle can be deduced from section 29 of the National Guards Act and whether the provision admits of title logic and reasoning supplied by the learned counsel. Clause (a) of section 29 clearly states that a person who has completed the N.C.C. training or seventy‑five per cent of its course is entitled to be given preference for selection for grant of Commission in the Armed Forces of Pakistan, if otherwise he is eligible. The requirement for certain commissions in the Army is a degree of a University. If a degree is a basis for selection, the person who has secured the N.C.C training obviously will be given preference for selection, even though he may have completed the training many years back. Likewise, under clause (b) of section 29 of the said Act, where such a person applies for appointment to any post under a Government, a Government controlled organization or a local authority, he will get preference, even though he may have completed the training many years back. Still further,, clause (c) of section 29 states that where such a person applies for admission to any institution of advance studies, he shall be awarded twenty marks in addition to the marks obtained by him in the examination held for the purposes of such admission, or, if no such examination is held, in the examination on the basis of having qualify in which he seeks such admission. This clause does not state that the person shall be awarded twenty marks in addition to the marks obtained by him in the examination held for the purposes of such admission, provided that such person has qualified during the period when he was studying for the said examination. The straight question is which is "the examination held for the purposes of such admission". In the instant case it is the B.A. examination. If this be so, he is entitled to be awarded twenty marks in addition to the marks obtained by him in the B.A. examination. With regard to the second limb of this clause, supposing the F.E.L. admissions were not on the basis of marks obtained in either the F.A./F.Sc. examination or the B.A./ A B.Sc. examination, but purely on the basis of an examination held by the Law College itself. In such a case, the person who have completed the N.C.C. course, whether during the course of the Intermediate or Degree examination, would be entitled to be awarded twenty marks in addition to the marks obtained by him in the examination held by the College. The logic contained in the rule stated by the learned counsel for the respondent, as stated in para 6 above, does not emerge in either case. The language of clause (c) of section 29 of the National Guards Act does not admit the rule as stated by the learned counsel for the respondent. In my view, the petitioner was entitled to have twenty marks added to the marks obtained by him in the B.A. examination, which was the examination on the basis of which admission was being granted by the Law College for the F.E.L. class.

8. Apart from the question of pure interpretation of law I notice that the majority of the departments of the Punjab University and the Punjab University Oriental College add twenty marks to those obtain by application in their degree examination when applying for, the M. A. / M.Sc,. classes, eve n though N. C. C. training may have been B secured by soine to the applicants during their period of study for the Intermediate examination,. The fact that the majority of the teaching 'departments and one constituent college of the Punjab University out of three, follow a rule different from that followed by the Punjab University Law College and the Punjab University Hailey College of Commerce, is not without significance.

9. The upshot of the above discussion is that Muhammad siddique, petitioner, was entitled to have twenty marks added to the marks obtained by him in the degree examination for the purposes of his admission to the F.E.L. class, even though he had not completed his N.C.C. training whilst studying for his degree.

10. The only question that remains is whether I should now compel the Principal, University Law College, Lahore, to admit the petitioner to the F.E.L. class. It cannot be denied that the admission with regard to I the F.E.L. was completed In September 1987, and that lectures started on 15‑12‑1987. The petitioner should have approached this court promptly, no sooner the admissions were completed and he came to know that he was not selected. There are 350 seats in the morning classes and all of them have been filled up. The session has also started and almost two months of study has gone by. If I should direct the Principal to admit the petitioner, other students having cases similar to his would at this very late stage pray for admission as well, This would not only upset the admissions made, but disturb the whole working of the class, apart from raise the number of students entitled to admission, which should be avoided. Taking all circumstances into consideration and in view of the laches on the part of the petitioner, I would not like to exercise my discretion in favour of the petitioner by compelling the Principal to admit the petitioner to the F.E.L. class. Resultantly and with some regret, I dismiss this petition. M.Y.H./M-594/L Petition dismissed.