Law:

Section:

Punjab Board of Intermediate and Secondary Education Act (X111 of 1976)--- ----S. 21---Rules for Intermediate Examinations, R. 12---Entitlement to grant of concessional marks---Petitioners failing to qualify in one of the subjects of Intermediate Examination, 1993, claiming concessional marks so as to enable them to clear the Intermediate Examination for onward studies---Rule 12 of Rules for Intermediate Examination was in existence when petitioners took their Intermediate Part II Examination in 1st Annual 1992 but was done away with after the submission of their forms for the Intermediate 2nd Annual Examination, 1992 as the last date for submission of forms for Intermediate Examination for 2nd Annual Examination, 1992 was 20th September, 1992, while R. 12 of Rules of Intermediate Examination was deleted on 26th September 1992---Petitioners before deletion of the Rule in question, had not only completed their Class XII of Intermediate studies but had also taken the Examination of 1st Annual, 1992, thus earning three opportunities/attempts to clear their subjects---Candidates who like petitioners availed their second attempt by taking 2nd Annual Examination of 1992 had been extended benefit of R. 12, while same facility had been denied to petitioners who had availed their last chance by taking 1993 Annual Examination, which action on the part of Authorities amounted to discrimination---Refusal to grant concession to petitioners would adversely affect their career---With the grant of concession, however, petitioners would be in a position to pursue higher studies---Board of Intermediate and Secondary Education was directed to grant concessional marks as envisaged under R. 12 of this Rules for Intermediate Examination to petitioners. Pakistan through The Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; 1994 MLD 714; Akhtar Ali v. The Punjab Public Service Commission and others 1992 PLC (C.S.) 134; Chairman, Board of Intermediate and Secondary Education, Lahore and another v. Ali Mir 1984 SCMR 433; Miss Sultana Khokhar and 2 others v. The University of the Punjab through its Registrar PLD 1962 SC 35 and Muhammad Mushtaq and another…

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