| Citation(s) |
|---|
| 1995 SLD 706 = 1995 CLC 341 |
Lahore High Court
Intra-Court Appeal No. 7 in W.P. No. 111 of 1994/BWP, decided on 30th October, 1994.
Presented By: Before Ihsan-ul-Haq Chaudhry and M. Javed Buttar, JJ
A.A. Ansari for Appellant. Sh. Masood Ashraf for
Respondents.
Intra-Court Appeal No. 7 in W.P. No. 111 of 1994/BWP, decided on 30th October, 1994.
Presented By: Before Ihsan-ul-Haq Chaudhry and M. Javed Buttar, JJ
A.A. Ansari for Appellant. Sh. Masood Ashraf for
Respondents.
Mst. ASIA IQBAL---Appellant
VERSUS
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, BAHAWALPUR = through Chairman and another---Respondents
Law:
Section:
Calendar of the Board of Intermediate and Secondary Education, Bahawalpur--- ----Chap. 1, Rr. 14 & 18---Candidate's entitlement to re-appear in examination for improving position in the subject passed with grace marks and to re-appear in the failed subject---Candidate passed Intermediate Examination in six subjects out of eight but failed in Elective Mathematics and English-- Candidate was, however allowed nine grace marks in English and was declared as pass in Intermediate Examination---Candidate appearing again in Mathematics in the next annual examination and was declared successful-- Candidate .appearing again in the next year's examination in English to improve her marks but her result was withheld on the ground that she could have appeared in English which she had passed with grace marks alongwith the failed subject (Maths) and not separately ---Validity---Candidate under R. 14(ii), Calendar of the Board of Intermediate and Secondary Education, Bahawalpur had only one chance to re-appear in the subject passed with grace marks and she had to avail such chance within two years before appearing in the next higher public examination while re-appearing in the failing subject only-limitation was that candidate had to re appear before appearing in next higher public examination---Both the Rules (14 & 18) thus, deal with independent situations---Candidate was, thus, entitled to appear separately in the subject wherein she had got grace mark for improvement of marks and in the subject in which he had failed---Authority was directed to declare result of the candidate forthwith.---[Educational institution] Stroud's Judicial Dictionary, Third Edn. and Black's Law Dictionary, Fifth Edn. rel. Interpretation of statutes-- ---- Beneficial provisions are to be interpreted liberally. Calendar of the Board of Intermediate and Secondary Education, Bahawalpur--- ----R. 14(ii)---Word "alongwith" as appearing in R. 14(ii), Calendar of the Board of Intermediate and Secondary Education is permissive and not mandatory. Words and phrases--- ---- Word "alongwith"---Meaning explained. Stroud's Judicial Dictionary, Third…