1994 PLP 909 (CLC)

Yakub Khan Yousafzai, A.G. (on Court's Notice). Khadim Hussain for Respondents. Date of hearing: 16th December, 1993. IFTIKHAR MUHAMMAD CH., J.‑‑‑Petitioner Miss Mehreen Magsi appeared in her Matriculation Examination for the first time in Bi‑Annual Examination in 1989, under Roll No.4156, but failed, as such, in the second attempt, she again appeared in Supplementary Session of Examination, but unfortunately this time too, could not pass the Examination. In the meanwhile she got herself admitted in Government Girls Intermediate College, Loralai, in First Year class of F.Sc. in 1990. Simultaneously she once again appeared in all subjects of Matriculation Examination as a' fresh candidate under Roll No.10065 and passed her Examination of Matriculation in 1990. During this period, she continued her study in Government Girls Intermediate College, from where, petitioner filled‑up Examination Forms to appear in her F.Sc. Examination for Bi‑Annual Examination to be held in the year, 1991 and passed the same as per Result Card issued on 1st October, 1992. Thereafter, petitioner applied for admission in First Year Class of M.B.,S.S. in Bolan Medical College, Quetta. During scrutiny of her application form it transpired to the Selection Committee that petitioner passed her Matriculation Examination during the session‑1990 and F.Sc. in 1991, without waiting of the period of two years after passing Matriculation Examination, as such, matter was referred to Respondent No.l/Chairman, Board of Intermediate and Secondary Education, for making clarification as to how a candidate can pass her F.Sc. Examination within a period of one year after passing her Matriculation Examination. In pursuance of such query, the respondent No.2, i.e. Controller of Examinations referred the matter to Principal, Government Girls Intermediate College, Loralai, for clarification, vide Letter No.839.40/26. Exam: dated 7th July, 1993, which was replied on 21st July, 1993, in the following words:‑‑ "Reference your letter No.839.40/26 Exam: dated 7‑7‑

93. As per your above‑quoted letter, Miss Mehreen Magsi passed SSC Exam., 1990 under Roll No.10065 as per record, she appeared in her SSC (Annual) Exam: 1989 under Roll Nos.4154 and not 4156 as per record of this College and also she failed in Chem., Phy. and E/Math. She was admitted in this College in 1989 whereas she couldn't clear her SSC Exam: F.Sc. Certificate of the candidate is not available in the record of this College. While the record shows that fees up to 8/91 have been received and' admission fee Rs.345 was also deposited in the College on 21‑5‑1991 vide Draft No.GA/A 965907, except above no other record is traceable as desired. This is for information." In view of the available data against the petitioner, the respondent No.2, issued a show‑cause notice to her on 27th September, 1993, which was, however, replied by on 3rd October, 1993. Consequently vide impugned Notification dated 21st October, 1993, the result of the petitioner pertaining to F.Sc. (Bi Annual) Examination was quashed, as she was not eligible to appear in the said Examination. The operative portion of the Notification is reproduced herein below:‑ "Consequent upon the decision taken by the Executive Body of the Board in its meeting held on 4‑10‑1993, vide Item No.3. it is notified that result of Miss Mehreen Magsi d/o Zafar Magsi who appeared in F.Sc. Bi‑Annual Examination, 1991 under Roll No.9124 stands quashed as she was not eligible to appear in the above Examination." In the instant petition above‑noted Notification has been called in question.

2. Mr. Azizullah Memon, learned counsel appearing on behalf of the petitioner made two‑fold contention, firstly that there is no rule prohibiting a candidate from appearing in F.Sc. Examination after two years from passing Matriculation Examination and secondly the petitioner has been condemned unheard.

3. On the other hand Mr. Yakub Khan Yousafzai, learned Advocate General, who appeared on Court notice, pointed out that under the Balochistan Board of Intermediate and Secondary Education, Quetta, Examination Rules, regarding Intermediate Examination, it is obligatory upon a student to make himself/herself eligible to appear in Intermediate Examination, as a regular student to have passed not less then two years previously, the Secondary School Certificate Examination or an Examination recognized equivalent thereto. He further submitted that in case such candidate who has failed in one or two subjects in the Secondary School Certificate Examination, but has obtained admission in the 11th Class, must clear the failing subjects before taking the Intermediate Examination and the period of having passed, not less than two years previously, the Secondary School Certificate Examination, will run from the year, in which, the candidate was placed in re‑appear category.

4. Mr. Khadim Hussain, learned counsel appearing for respondents also assisted us in pointing out various relevant rules in that behalf.

5. We have examined rule 2, clause (c) and rule 4, clause (v) of section 1 of the Balochistan Intermediate and Secondary Education Examination Rules, regarding admission in Intermediate Examination. It is an undisputed position that petitioner despite of availing two attempts of Annual and Supplementary Examinations of Matriculation in 1989 could not qualify herself and in the meanwhile on account of the transfer of her father from Quetta to Loralai, shifted there and managed to obtain admission in F.Sc. class in Government Girls Intermediate College, Loralai, even without passing her Secondary School Certificate Examination (Matriculation). However, she appeared as a private fresh candidate in Matriculation Examination in the year, 1990 and passed the same. According to Rules, referred to hereinabove, to make herself eligible to appear in F.Sc. Examination, she ought to have waited for two years, but since in the following year i.e. 1991, probably by making misrepresentation she succeeded in sending her admission form as regular student from Government Girls Intermediate College, Loralai and passed her F.Sc. Examination within a period of one year after passing Matriculation Examination, which is in clear violation of the Rules. It may be noted here that we have examined the admission form of petitioner which she submitted for her F.Sc. Examination, in 1991, which indicates that she suppressed material facts therein, by incorporating that she passed her Matriculation under Roll No.4156 in the year, 1989, whereas factually according to the Result Card of her matriculation annexed with the petition, she passed this examination in the year, 1990 under Roll No.10065, therefore, the official respondents keeping in view the facts and circumstances and the Rules have rightly quashed the result of petitioner.

6. As far as the contention of petitioner's counsel, regarding denying her right of audience before issuing the impugned Notification is concerned that also is not available to her in view of the facts that petitioner succeeded in giving her F.Sc. Examination by making misrepresentation before the College as well as Board authorities. 'Even otherwise, right of hearing is not of a universal nature and it can only be made available to a person, against whom g an adverse order is being passed touching his vested right (PLD 1964 SC 673). The petitioner on having passed her Matriculation Examination in the year, 1990 without acquiring a right, appeared in her F.Sc. Examination in clear violation of the rules by misrepresenting the actual facts, thus she had no vested right to claim hearing before passing of the impugned Notification. As such, in the above circumstances, the respondents in exercise of lawful jurisdiction had rightly quashed the result of petitioner's F.Sc. Examination, therefore, the impugned Notification is unexceptionable. Consequently the petition has no merits which is dismissed, leaving the parties to bear their own costs. AA./462/Q Petition dismissed.