2014 PLP 353 (MLD)

ALI BAQAR NAJAFI, J.

Through this constitutional petition, the petitioner seeks setting aside of order dated 29-7-2013 passed by the respondent with a direction to make immediate arrangements for practical examination of the petitioner for the subject of chemistry without any further delay of time.

2. The brief facts giving rise to filing of this writ petition are that the petitioner is a student of F.Sc. Pre-Medical who appeared in a subject in Examination of Intermediate Pre-Medical in second year of Academic Session 2011-13. According to the date-sheet of the petitioner's practical examination, he was supposed to appear at the Centre of Division Public School and Inter College Model Town, Lahore on 27-6-2013 to 11-7-2013 but unfortunately on 28-6-2013 on the date when practical of the chemistry was scheduled, he fell ill and was admitted in the hospital, due to which he could not appear. He immediately approached the Controller of Examinations, BISE with an application to allow him to appear in any practical at any centre who directed him to deposit the fee of practical examination in UBL which he deposited. However, he was not conveyed any name of the centre where he was to appear for his practical. The petitioner filed Writ Petition No.17415 of 2013, which was decided by this Court on 12-7-2013 with a direction to the petitioner to approach the respondent with his application voicing his grievance and the circumstances beyond his control restraining him to appear in the Chemistry Practical held on 28-6-2013.

3. The grievance of the petitioner is that on 29-7-2013 the respondent while rejecting the application of the petitioner, though after hearing, on the ground that he could not provide any satisfactory reply about his illness, due to which he missed his practical examination of chemistry. It was further observed in the impugned order that the petitioner fell in the first batch, under which he was to appear in the practical on 28-6-2013 which he could not whereafter in the second batch of the practical of chemistry starting from 2-7-2013 which was to be closed on 8-7-2013. Therefore, the office could not make the arrangements. Hence, this writ petition.

4. The learned counsel for the petitioner submits that admittedly the petitioner filed an application on 3-7-2013 and on the said date, he deposited an amount of Rs.1,000 in the bank through a Challan and his practical of chemistry was required to be conducted as he fell in second batch which was to end on 8-7-2013 and fundamental right of the petitioner has been infringed; and that the learned counsel for the respondent remained too harsh in the case of the petitioner and, therefore, prays for issuance of a writ.

5. Conversely, the learned counsel for the respondent submits that the petitioner has presented a medical certificate issued by a doctor at Nankana Sahib whereas he appeared on the date he fell ill which is not understandable; that the petitioner approached later in time and, therefore, could not be accommodated; that there is no ill-will towards the petitioner and the respondent has to follow the rules; that any person can deposit any amount in any head. Thus, Rs.5,000 deposited by the petitioner cannot be termed as the payment for the change of first batch to second batch for the purpose of practical of chemistry and hence, prays for dismissal of the writ petition.

6. I have heard the learned counsel for the parties and perused the available record.

7. The impugned order dated 29-7-2013 mentions that the petitioner could not give any satisfactory reply about his illness, due to which he missed his practical examination of chemistry. The said observation does not give any reference to the medical certificate dated 30-6-2013, in which it is mentioned that the petitioner remained ill from 27-6-2013 to 30-6-2013. Moreover, either the said certificate could be accepted or rejected but no specific finding was given by the respondent. The argument advanced by the learned counsel for the respondent is not convincing as the petitioner could have fallen ill after the practical of Physics on 27-6-2013 and thereafter went to any of hospltals of his town for his treatment.

8. Admittedly, the petitioner applied to the respondent on 3-7-2013, i.e. when the practicals of chemistry were being conducted, though in the second batch which were to close on 8-7-2013. The respondent remained irresponsive to with the request on the ground that no conversion from first batch to second batch for chemistry practical was possible. However, no such embargo has been demonstrated by this Court by relying upon any rule of the BISE, Lahore. Such change of batch is possible under the compelling and compassionate circumstances as the academic career and future of a student not less than that of F.Sc. is at stake. Additionally, I have failed to understand the wisdom behind the argument that anybody can deposit any amount under any head in the bank account of Board of Intermediate and Secondary Education. Suffice it say that the word 'practical has been mentioned on the receipt of payment of Rs.1,000 dated 3-7-2013. Even in the impugned order, a reference is given to some rule, wherein in the event of missing a batch, the practical is made permissible but before the same examiner for which special slip can be issued against the payment of Rs.1,

000. When the said amount was received on 3-7-2013, the first batch of the practical was already missed. The delay in issuing the slip in the second batch is due to the respondent, for which the petitioner cannot be held responsible, therefore, he was required to be accommodated in the second batch. The right to education and to appear in examination under the rules and regulations is the fundamental right of a student under Article 25A of the Constitution of Islamic Republic of Pakistan. Any rule meant for conducting the examinations has to be beneficially interpreted to accommodate and facilitate the students.

9. In this view of the matter, I allow this petition, set aside the order dated 29-7-2013 passed by the respondent and issue a direction to the respondent to immediately hold the chemistry practical of the petitioner on a specific date given by the respondent, on which the petitioner shall appear on the stated centre and stated time before the Examiner so appointed. JJK/M-254/L Petition allowed.