Law:

Section:

Constitution of Pakistan----Arts. 25-A & 199---Constitutional petition---Right to education and appear in examination---Scope---Petitioner/student of F.Sc. appeared in examination of Intermediate and accordingly was issued date sheet for practical examination---Petitioner/candidate due to his illness failed to appear in practical examination on given date---Petitioner/candidate requested the Controller of Examination of Board of Intermediate and Secondary Education to allow him to appear in practical examination in second batch but his request was turned down---Contention of the petitioner was that earlier the petitioner failed to appear in practical examination on account of his illness for which he submitted medical certificate, therefore impugned order of Board of Intermediate and Secondary Education was illegal and violated his fundamental rights---Validity---In the event of missing one batch of practical, the Board authorities could permit a candidate to appear before the same examiner for which special slip could be issued subject to deposit of payment---Respondent/Board authorities had directed the petitioner/candidate to deposit the fee of practical examination after missing the first batch and the same was accordingly deposited---Delay in issuing of the slip for the second batch was due to the respondent/Board authorities for which the petitioner could not be held responsible---Petitioner/candidate was required to be accommodated in the second batch of practical examination---Right to education and to appear in examination under the rules and regulations was the fundamental right of a student---Any rule meant for conducting examinations had to be beneficially interpreted to accommodate and facilitate the student---Respondent/Board authorities were directed to hold the practical examination of petitioner---Constitutional petition was allowed. ORDER ALI BAQAR NAJAFI, J.---Through this constitutional petition, the petitioner seeks setting aside of order dated 29-7-2013 passed by the respondent with a direction to make immediate arrangements for practical examination of the petitioner for the subject of chemistry without any further delay of time. 2.…

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