1999 PLP 157 (CLC)

Miss Marriyam Mubashir writ petitioner appeared as a private candidate in the Secondary School Certificate Annual Examination, 1998 under Roll No.133943. She was directed to appear in Group‑II wherein the candidates have to appear in the Examination in the evening. She being a diabetic made an application for the change of her Group from Group‑II to Group‑I so that she was examined during the morning. Her petition was accepted. The Roll number was issued. She appeared in her written examination as well as practicals.

2. The result of the Secondary School Certificate Examination has to be declared on 23‑7‑1998 (today). The petitioner has received the information that some inquiry is being conducted against her with respect to the change of Group‑II to Group‑I and that her result shall not be declared on 23‑7‑1998. Feeling aggrieved she has filed this writ petition with the proposed relief for the issuance of a writ to the respondents to declare her result on the aforesaid date alongwith other candidates.

3. In the, comments the respondents have submitted that for the change of Group from II to I unauthorisedly an inquiry is pending against the petitioner which has not been finalized and thereafter her result shall be declared. It is expressed therein that the result has not been announced and the writ petition is premature.

4. This is simply a short and urgent matter and is being disposed of today on the basis of the "pleadings. With respect to the contention of the respondents that the writ petition is premature, suffice it to express that in Daily Jang, Rawalpindi, dated 23‑7‑1998 the names with photographs of the candidates who have passed the examination with merit/credit have been published. That is enough to make out that the result has been announced. It is simply a formality that the Gazette will be made open today for perusal and information of the remaining candidates in large number. I hold that this writ petition is maintainable.

5. With respect to the merits the controversy stands settled on the simple , ground that there is no allegation of use of unfair means by Miss Marriyam Mubashir petitioner/candidate in the examination. She appeared in ten written papers of theory and three practicals. The change from Group‑II (evening) to Group‑I (morning) was effected on the written orders of the respondents who issued the Roll number in her favour and allowed her to appear in the aforesaid full‑fledged examination. Her result is ready for announcement. The change of group was effected at the direction of the respondents on her written request. At the query made by this Court Mr. Javed Masood, Assistant Controller of Examinations has intimated that there is no rule whereby after allocating one group no change can be effected in the other group. Keeping in view this aspect of the matter, it can safely be expressed that the view/opinion which is more lenient and favourable to the petitioner is to be accepted and applied. According to the interpretation of statutes if there appears any reasonable doubt or ambiguity it will be resolved' in favour of a person who is entitled to derive the legal benefit. As such, the respondents are estopped to raise the objection that the petitioner unauhorisedly got changed her group from II to I. The respondents either themselves or through some subordinate(s) are responsible for the creation of the present situation who cannot approbate and reprobate. They cannot take a contrary stand in the matter and it can safely be held that the holding of the inquiry by the respondents against the petitioner is simply a transgression of authority on their part especially when the petitioner is a teen‑aged female and is entitled to the sympathies of the respondents and the discretion of this Court.

6. For what has been said above, I accept this writ petition and direct the respondents to announce the result of Miss Marriyam Mubashir Roll No.133943 today alongwith other candidates in large number and. the respondents shall not exercise any discretion for late announcement of the result of the petitioner as it is the admitted position that she is not involved in any inquiry for use of unfair means. I also pass the order for dropping the inquiry against the petitioner on the basis of the aforesaid change of Group‑II to Group‑I. In the circumstances 8 the parties are left to bear their own costs. A.A./M‑815/L Petition accepted