2000 PLP 1589 (CLC)

4. Learned counsel for the petitioner in rebuttal submits that stand of the learned legal Advisor is not in accordance with the letters issued by the respondents to the petitioner as is evident from letter, dated 27‑3‑2000. The Gold Medal would be awarded to the candidate who has first position in B.A. History and first position in B.A. English. He further submits that consistent practice is not binding on this Court and the Court has to interpret the law as it is. He further submits that respondents have a parental jurisdiction and should have granted the Medal to the petitioner on account of his performance in the examination by securing first position in his College in History‑subject.

5. I have given my anxious consideration to the contention of the learned counsel for the parties and perused record myself. It is better and appropriate to reproduce the relevant entries to the Medals and operative part of the letters issued by the respondents to the petitioner to resolve the controversy between the parties as follows:‑‑ (26) This medal is awarded to the student who obtains the highest number of marks in English B.A. Examination from among the students of the F.C. College, Lahore. (33) This medal is awarded to a student for standing first in English and History in the B.A, Examination from amongst the students of the F.C. College, Lahore. (89) This medal is awarded annually to the student standing first in History (Pass Course) in the annual examination for the Degree of Bachelor of Arts Examination. Letter, dated 10‑2‑2000: "You are entitled for the award of Gold Medal in B.A. Examination in the subject of History at the Convocation. Your consent must reach the undersigned by 22‑2‑2000. In case, the consent is not received in time, it will be presumed that you are not willing to attend the Convocation. " To the response of this letter, petitioner sent consent to the respondent No. l on 21‑2‑2000. Letter, dated 27‑3‑2000. ??????????? "Gold Medal would be awarded to the candidate who has first position in B.A. History and first position in B.A. English. Therefore, we regret not to award you with Gold Medal on the basis of first position in B.A. History." There are two points involved in the case firstly whether the locus poentientiae is attracted in all respects. The other question is to be resolved whether the petitioner is entitled to get the award on the basis of entry 33 or not. The contention of the learned counsel for the petitioner is that according to entry No.33 mentioned above there are either two Medals in case the word "and" or it is a conditioned precedent that a student who is entitled to get this award must obtain first position in English and History both at a time. The first contention of the learned counsel for the petitioner is accepted in toto then rule 26 has become redundant. In case 2nd contention of the learned counsel for the petitioner is accepted then the petitioner is not entitled for the said award. Contention of the learned Legal Advisor of the respondents has a force that the respondents awarded the award on the basis of entry 33 after aggregating marks in both subjects and the practice of the Department has a force of law as per principle laid down by the Honourable Supreme Court in Nazir Ahmad's case PLD 1973 SC

453. So far as the petitioner is concerned, he has sent consent to the respondent on the basis of the letter, dated 10‑2‑2000 on 21‑2‑2000. Therefore, to the extent of the petitioner the principle of locus poentientiae is attracted. Even if the letter is issued by the respondent under mistake to the petitioner. In case operation of the impugned letter is suspended provisionally at this stage then it tantamounts granting total relief to the petitioner which is not permissible in the eyes of law as per principle laid down in Farid Ahmad's case 1968 SCMR 88 specially when the service of respondent No.5 is not effected. The word of entry 33 is not free from any ambiguity, in case it is read in ordinary parlance then the interpretation would be contrary to the practice of the Department. Before parting, it is held that the word "and" used in the said entry i.e. 33 in the sense of "either" as per principle laid down by the Honourable Supreme Court in Themas and 16 others v. Dawar Khan PLD 1996 SC 629; meaning thereby if a student secured first position in subject of English or History then both students shall be entitled to Medals. In view of these circumstances, a copy of the writ petition be sent to respondents Nos. l to 3 who are directed to place the case of the petitioner before the competent body for consideration in parental jurisdiction and decide the same preferably within one month after receiving the order of this Court. Respondents are directed to submit report to the Deputy Registrar (Judi.) of this Court. With these observations the writ petition is disposed of. H. B. T./I‑11/L Order accordingly,