Law:

Section:

Federal Board of Intermediate and Secondary Education Act (LXVIII of 1975)---Ss.8(j) & 17(f)---Federal Board of Intermediate and Secondary Education Rules for Examination, R.1.19---Constitution of Pakistan, Art.199---Constitution petition---Declaration of top position amongst students of Higher Secondary School Certificate (HSSC) examination---Petitioner and respondent candidate appeared in HSSC examination, whereby the respondent candidate having obtained highest 914 marks out of 1400 was declared as first position holder---Subsequently, the petitioner candidate with a view to improve his marks, availed the facility of re-appearance in examination and got 927 marks out of 1400---Contention of the petitioner was that as he got highest marks and as such he was entitled to be declared as first position holder---Federal Board of Intermediate and Secondary Education rejected the claim of petitioner as according to policy instructions/rules, repeater in examination was not entitled to ranking---Validity---Candidate who obtained highhest marks, while appearing one time and in one go could not be equated with the one, who though obtained highest marks, but through repetition---Impugned decision of the Board, refusing the petitioner to declare as first position holder was justified being in consonance with the spirit of natural justice, doctrine of prudent reason and therefore could not be termed as arbitrary, perverse and unreasonable and the same was based on reasonable distinction---Constitutional petition was dismissed. ORDER MUHAMMAD ANWAR KHAN KASI, C.J.---The petitioner invokes constitutional jurisdiction of this Court for issuance of a writ to declare him first position-holder in the Board in Humanities Group, 2013 as he had obtained 927 marks out of 1100 marks as compared to respondent No.3, who obtained 914 marks in the same Group. The petitioner's case is that the act of the respondents is based on irregularities, mala fides and omissions in withholding his position. As a matter of fact, he appeared in the 1st Year Exam of HSSC and obtained 460 out of 550 marks and thereafter as per the facility provided by the respondent No. 1, he opted to take one…

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