Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199-Constitutional petition---Educational institution---Evaluation of answer books---Guidelines provided by Education Board---Petitioners appeared in intermediate examination and their grievance was that according to instructions on questions papers and guidelines provided by Education Board for evaluation, the examiners awarded one mark instead of two marks for each correct answer---Validity---Such was deviation from the guidelines/instructions by examiners, who were obliged to adhere to the instructions, and in case of violation or non-observance thereof, constitutional jurisdiction of High Court could be exercised---Board being statutory body was primarily responsible for efficient conduct and to regulate mechanism of examinations and to exercise its supervisory control over examiners by providing guidelines to ensure foolproof checking of answer books of students---Board as well as examiners were statutorily bound to act in accordance with the provisions of Calendar of Board of Intermediate and Secondary Education and instructions framed there under---Examiners appointed by the Board checked/examined answer books of petitioners in the most perfunctory and arbitrary manner rather in total defiance and violation. of categorical instructions issued by the Board on the subject---Decision taken by Education Board regarding rechecking of answer books of petitioners was not sustainable in the eye of law and was accordingly set aside---High Court remanded the matter to Board of Intermediate and Secondary Education and directed the Chairman of the Board to decide applications filed by petitioners afresh in the light of findings of High Court, in line with provisions of Calendar of the Board and instructions circulated to examiners---Petition was allowed accordingly. Board of Intermediate and Secondary Education Lahore through Chairman v. Mst. Salma Afroz and 2 others PLD 1992 SC 263 ref. THIS ORDER PASSED BY: ALI AKBAR QURESHI, J.--- Writ petitions 1112 of 2008, 2232 of 2008, 2261 of 2208 and 3245 of 2008 filed by petitioners involving identical facts and common question of law shall stand disposed of through this…

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