2012 PLP 80 (YLR)

MIAN FASIH-UL-MULK, J.

Ms. Ummara Danish daughter of Danish Mand petitioner during the Annual Examination of Board of Intermediate and Secondary Education, Saidu Sharif, Swat and secured 946 out of 1050 marks. She stood at S.No.12 of Overall Top 15 positions. She was not accorded Scholarship by Board of Intermediate and Secondary Education, Saidu Sharif, Swat. An application alleging discrimination was sent to honourable the Chief Justice of this Court for taking suo motu action, which was treated as writ petition. Notice of the same was served on Chairman Board of Intermediate and Secondary Education, Saidu Sharif, Swat.

2. Petitioner in support of petition argued that his daughter, who has passed the Secondary School Certificate Examination in one sitting by obtaining 946 out of 1050 marks stood at 12th in overall top 5 positions and stood at 6th position amongst the female students but the Board authorities have wrongly and illegally ignored her for grant of scholarship. It was further argued that in view of prevailing circumstances especially in this part of the area girls should have been given preference over the boys and if not possible then they should be treated at par with the boys.

3. On the other hand, learned counsel appearing for Board opposed the petition and submitted that the respondents have strictly followed the Calendar of the Boards of Intermediate and Secondary Education, N.-W.F.P., according to which she was not considered for grant of scholarship.

4. Learned Additional Advocate-General contended that under Article 247 of the Constitution of Islamic Republic of Pakistan, 1973 the North-West Frontier Province Board of Intermediate and Secondary Education Act of 1990 (N.W.F.P. Act V of 1999) has not been extended to this area, therefore, the Rules/ Regulations/Calendar would hardly apply to the instant case.

5. Arguments heard and record perused.

6. The Calendar of the Board of Intermediate and Secondary Education N.W.F.P., on the subject-matter, reads as under:-- Number of Scholarships SSCE Annual. (1) Boy: 10 Scholarships for those who obtain first ten positions among male candidates, (2) Girls: 5 Scholarships for those who obtain first five positions among Female candidates. Number of Intermediate Scholarships (1) 5 Scholarships for those in order of merit who obtain First-5 positions from the candidates of Pre-Medical. (2) 5 Scholarships for those in order of merit who obtain First-5 positions from the candidates of Pre-Engineering. (3) 5 Scholarships for those in order of merit who obtain First-5 positions from the candidates of Humanities Group. (4) One Scholarship for a candidate who tops Islamic Studies Group. N.B:

No candidate securing below 60% marks shall be considered eligible for such scholarship. If two or more candidates are bracketed then Chairman can increase the number of Scholarships.

7. A perusal of record would show that Ummara Danish has secured 946 out of 1950 marks whereas the boys appearing in Notification No.10398/Acad:BISE/Swat dated 11-2-2011 at Serial Nos.9 and 10 have secured 945/1050 and 940/1050 marks respectively, admittedly less than the marks of Ummara Danish daughter of petitioner. The above mentioned students (boys) have been accorded scholarships by the respondents. It appears that the boys have been given preference over the girls without any rhyme or reason, which is against the law of the country. We agree with the contention of petitioner that the girls students should have been protected and encouraged so that the generation become literate. The basic criteria laid down in the Calendar is contrary regarding number of scholarships in the SSCE and Intermediate Annual Examinations, which should be equal. The Constitution of Islamic Republic of Pakistan, 1973 under Article 25(2) lays down that "there shall be no discrimination on the basis of sex alone." Learned counsel for respondents could not justify the discriminatory act of respondents but tried to defend the actions of respondents on the basis of provisions contained in the Calendar.

8. Consequently, this writ petition is allowed. Chairman BISE Swat is directed to grant National Talent Scholarship to Ummara Danish daughter of Danish Mand as prayed for by the petitioner. We also recommend to the competent authorities to bring the rules in conformity with Article 25 of the Constitution of Islamic Republic of Pakistan. It is further observed that rate of scholarship was assessed back in the year 1990 which also requires enhancement to a reasonable extent in view of inflation of currency and escalation in the rates. H.B.T./355/P Petition allowed.