1996 PLP 1872 (SCMR)
TAHIR SAEED QURESHI‑‑‑Petitioner Versus THE BOARD OF INTERMEDIATE & SECONDARY EDUCATION,
| Citation | 1996 PLP 1872 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan and Manzoor Hussain Sial, JJ |
| Parties | TAHIR SAEED QURESHI‑‑‑Petitioner Versus THE BOARD OF INTERMEDIATE & SECONDARY EDUCATION, |
| Primary Law | Calendar Board of Intermediate and Secondary Education, Sargodha‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 1872 (SCMR)?
This judgment primarily cites: Calendar Board of Intermediate and Secondary Education, Sargodha‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1872 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan and Manzoor Hussain Sial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1872 (SCMR) (TAHIR SAEED QURESHI‑‑‑Petitioner Versus THE BOARD OF INTERMEDIATE & SECONDARY EDUCATION,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Khadim, Advocate Supreme Court for Petitioner.
- Dr. M. Mohyuddin, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Respondents Nos. l to 3.
- Date of hearing: 22nd October, 1995. .
- Dr. M. Mohyuddin, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondents Nos. l to 3.
- 3. We have heard the learned counsel for the parties and have gone through the judgment of the learned High Court. The learned counsel for the petitioner frankly conceded before us that there is no other provision under the Rules of Board of Intermediate and Secondary Education, Sargodha excepting Rule XV of Chapter 5 for petitioner's redress of his grievance. The Rule relied upon reads as follows:--
Headnotes / Summary
(On appeal from the judgment dated 12‑1‑1994 of the Lahore High Court, Lahore, in Writ Petition No. 14535 of 1993). ‑‑‑‑Chap. V, R. 15‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petitioner's application for re‑checking/re‑evaluation of his papers‑‑‑Interference declined by Authority for no error permissible for correction under R. 15, Chap V of Calendar Board of Intermediate and Secondary Education was found‑‑ Petitioner's Constitutional petition seeking direction to the Board to get re examination and to re‑evaluate answer books through panel of examiners did no: bear fruit‑‑‑Validity‑‑‑Papers of petitioner were rechecked and no mistake was found with regard to marks obtained by him in terms of R.1 5 of the Calendar‑‑ Prayer by petitioner for re‑examination and re‑evaluation of answer books through panel of examiners did not fall within four corners of provision of law‑‑‑High Court was thus, justified in refusing to interfere in the matter of educational institution in exercise of its Constitutional jurisdiction beyond the scope of R.15, Chap. V of the Calendar‑‑‑Leave to appeal was refused in circumstances. ‑‑ [Educational institution].
Judgment & Decree
FAZAL ILAHI KHAN, J.
Petitioner seeks leave to appeal against the judgment of Lahore High Court, Lahore dated 12-1-1994 passed in Writ Petition No. 14535 of 1993.
2. Petitioner who appeared in the Secondary Board Annual Examination held in 1993 under Roll No.6639 secured 728 marks out of 850 marks. He was placed in Grade A-1 and over all on 27th position in the Board. Petitioner on the basis of his previous record applied for re-checking/re-evaluation of his papers. However, no interference was made as no error, permissible for correction under Rule XV, Chapter 5 of Intermediate and Secondary Education, Sargodha was found. Dissatisfied the petitioner approached the learned High Court in Constitutional jurisdiction with a prayer that respondents Nos. 1, 2, 3 be directed to constitute a panel of examiners and place before them all the answer books of the petitioner for re-checking/re-evaluation and re-assessment. It was further prayed that they be also directed to place before the panel all the answer books of the candidates who have been placed senior to the petitioner with a view to ascertain that the examiner of the petitioner even maintained the same uniform standard while marking the papers of the petitioner. That direction be issued to respondent No:4 who is Incharge of the Boards in Punjab to get re-examination and re-evaluate the answer books of the petitioner on the panel of examiners to be chosen from Sargodha Board.
3. We have heard the learned counsel for the parties and have gone through the judgment of the learned High Court. The learned counsel for the petitioner frankly conceded before us that there is no other provision under the Rules of Board of Intermediate and Secondary Education, Sargodha excepting Rule XV of Chapter 5 for petitioner's redress of his grievance. The Rule relied upon reads as follows:-- Candidates appearing in all the examinations conducted by the Board shall be permitted to get their answer books re-checked to the effect that: (1) Total have been rightly brought forward. (2) No portion of any answer has been left unmarked. (3) There is no mistake in the grand total on the cover of the answer book or/and (4) The answer book has not been changed.
4. The papers were re-checked and no mistake was found in the papers of the petitioner with regard to the marks obtained by the petitioner in terms of the Rule reproduced above. The prayer made by the petitioner as referred to above does not fall within the four corners of provision of law reproduced above. The learned High Court was, therefore, right and justified in refusing to interfere in the matter of educational institution in exercise of its Constitutional jurisdiction beyond the scope of Rule XV of Chapter 5 of the Rules. Leave to appeal is, therefore, refused and petition is dismissed. A.A./T-122/S Leave refused