1994 PLP 1174 (CLC)

‑‑‑R. 12‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional jurisdiction, exercise of ‑‑‑Concessional marks‑‑‑Grant of‑‑‑Candidate had sought direction for grant of concessional marks under R. 12 ‑contending that High Court had already issued such direction through its judgment passed in a Constitutional petition wherein identical points of law and facts were involved‑‑‑Held, said judgment of the High Court was already in field and no argument had been advanced on part of the Board so as to take a different view‑‑‑Board was, directed by High Court to grant concessional marks as envisaged under R.

12. Muhammad Yaqoob Qureshi for Petitioner. Ejaz Ahmad Ch. and Shahid Waheed for Respondents. Date of hearing: 15th December, 1993. Petitioner through this Constitutional petition has sought direction for the grant of concessional marks under rule 12 of the Board of Intermediate Examination Rules, 1993. It is the case of the petitioner that she appeared in Intermediate Annual Examination 1993 (Composite System) conducted by the Board of Intermediate and Secondary Education, Lahore and failed to qualify a subject. Learned counsel appearing for the petitioner has argued that this Court has already issued direction for the grant of concessional marks in W.P. No. 15235‑93 through its judgment dated 30‑11‑1993 wherein identical points of law and facts were involved. Ch. Ijaz Ahmad learned counsel appearing for respondent has reiterated his argument advanced earlier in the aforementioned writ petition and has stated that after the deletion of rule 12, the concessional marks are no more available. I have given my anxious consideration and have noticed that the facts and points involved in the present writ petition are completely the same as were considered/decided by me through W.P. No. 15235‑

93. In this view of the matter I do not feel it necessary to repeat the same all again. Since the judgment is already in field and no argument has been advanced by the learned counsel for the respondent so as to take a different view, as such, I accept this A writ petition and direct the respondent Board of Intermediate and Secondary Education to grant concessional marks as envisaged under rule 12 of Intermediate Examination Rules to the petitioner after full verification. There shall be no order as to costs. H.B.T./Q‑19/L Petition accepted.