1995 PLP 1150 (CLC)

Miss Farah Naz petitioner appeared in Intermediate Part I (11th Class) Annual Examination of 1991. She passed in respect of the papers of Urdu, English, Islamic Education and Physics. Due to her ailment she could not take the examination of Chemistry and Biology Papers. However, she was promoted to the 2nd year. The petitioner appeared in the Intermediate Annual Examination, 1992 but failed in (i) English, (ii) Pakistan Studies and (iii) Chemistry. She appeared in the Supplementary Examination, 1992 and except Chemistry Paper she qualified the remaining papers. As a matter of right she was allowed to appear in the next Examination to clear the subject of Chemistry‑I and II Papers. She appeared in Chemistry both in I and II Papers in the Annual Examination of 1993. She qualified in Chemistry Paper II but failed in Chemistry Paper I by 7 marks having secured 18 marks in the theory paper while 25 marks were required to qualify that paper. However, she passed in the practical paper securing 21 marks. She was declared failed in toto in the Intermediate Examination. Some of the students having similarly failed in one subject by few marks agitated for the grant of grace marks at the rate of 1% of the total marks allowed under the rules through Constitutional writ petitions at the Principal Seat and the same were accepted vide order dated 19‑10‑1993 in Writ Petition No. 13305/93. The decision of the Lahore High Court, Lahore was duly notified to all Boards of Punjab by the Secretary Education, Government of the Punjab, Lahore vide Notification dated 14‑1‑1994. The petitioner sent the notice for the grant of grace marks in Chemistry Paper I (theory paper) to. enable her to be declared having passed in the Intermediate Examination. However, her request has been turned down by the Board of Intermediate and Secondary Education, Multan vide letter dated 28‑6‑1994. Expressing that her case was at par with the writ petitioners of Writ Petition No.13305/93, the petitioner has filed this writ petition to get a direction passed against the Board of Intermediate and Secondary Education, Multan through its Chairman and Controller of Examinations, Board of Intermediate and Secondary Education, Multan/respondents Nos.l and 2 to grant grace marks to her and that she may be declared having passed in her Intermediate Examination. The comments have been received and it has been expressed therein that the petitioner has no case as she had failed in Chemistry Theory (Part I) Paper by obtaining 18/75 marks only while availing her last chance who has rightly been declared "fail as a whole". It is mentioned in the comments that 1% grace marks were allowed at the direction of the Lahore High Court, Lahore to the candidates of "old composite scheme of examination" only as there was a provision in the rules for the grant of grace marks but the same has been withdrawn with retrospective effect.

2. I have heard the learned counsel for the parties and gone through the record before me. Learned counsel for the petitioner has relied upon the judgment of this Court in Writ Petition No. 16472/93, decided on 30‑11‑1993 and argued that all those candidates/examinees, who had taken Intermediate Annual Examination, 1993 under part system were accorded concessional marks in the light of the decision rendered in Writ Petition No. 13305/93 titled as "Saba Gul Qureshi v. Board of Intermediate and Secondary Education, Lahore". On the contrary the contention of the learned counsel for the respondents is that the petitioner is not entitled to the grace marks because she has failed in the Examination of Intermediate Part I (11th Class) Annual Examination and that the concession can be granted in the Examination of Intermediate Part II (12th Class). In my view the decisions in Writ Petition No.16472/93 and Writ Petition No. 13305/ 93 have made out that Miss Farah Naz petitioner is also entitled to the concession of 1% grace marks. The crux of the matter is that on any occasion she has not been allowed the grace marks and in my view once only either on the basis of the Examination of 11th Class or on the basis of the Examination of 12th Class she is entitled to 1% grace marks. If the grace marks are calculated on 75 marks those come to 7.5 marks i.e. 8 points. The total marks of Intermediate Examination are 1100 and if 1% grace marks are calculated on these marks the number of grace marks comes to

11. In both the cases Miss Farah Naz petitioner gets 25 marks in the Chemistry Paper I (Theory Paper). She has passed in the remaining Examination and having passed in this paper by securing 25/75 marks she is to be declared as successful/passed in the Examination.

3. For what has been said above, I accept this writ petition, pass the order that Miss Farah Naz petitioner is entitled to the grace marks who has secured 25/75 marks in the Chemistry Paper I in Intermediate Annual Examination. Thus she has passed her Intermediate Examination.

4. Consequently the proposed relief in the writ petition is allowed and granted for compliance by the respondents. No order as to costs. AA./F‑185/L??????????????????????????????????????????????????????????????????????????? ??????????? Petition accepted.