Law:

Section:

(a) Calendar of the Board of Intermediate and Secondary Education, Multan-------Sched.---Constitution of Pakistan (1973), Art. 199---Qanun-e-Shahadat (10 of 1984), Art. 114---Constitutional petition---Privateer student---Bar to take examination in subjects in which practicals were involved---Petitioner, who was pursuing his studies as casual student, and was to appear in Intermediate Examination was refused to take Annual Examination of 1994---Validity--­Admittedly when petitioner chose his respective subjects and commenced study of the same, no such embargo existed---When petitioner had almost completed prescribed study of the subject and had conducted his practicals relating to subjects in question, Board's notification placing embargo with retrospective effect could not adversely affect rights of petitioner to be examined in those subjects and to pass the examination in the same---Permission available to petitioner in the year 1992 to study those subjects and to be examined in the same after completion of two years course of study could not be revoked--­Notification never acts retrospectively and can never take away vested rights--­Decision of the Board that notification in question, would apply to Annual Intermediate Examination of 1994, could not be given effect to so as to deprive petitioner from permission available to him at the beginning of their studies in 1992---Principle of promissory estoppel would apply against the Board---Board's decision in disallowing petitioner to take Annual Intermediate Examination, 1994 in his respective subjects was declared to be without lawful authority and of no legal effect. ---[Promissory estoppel]. 1991 SCMR 2300 rel. (b) Notification--- ---- Notification does not act retrospectively and cannot take away vested rights. JUDGMENT This judgment will dispose of Writ Petition No. 1757/94 entitled Mst. Shazia Shabbir v. The Chairman, Board of Intermediate and Secondary Education, Multan, etc. and Writ Petition No.1836/94 entitled Mst. Farhana Andleeb v. The Chairman, Board of Intermediate and Secondary Education, Multan, etc. as common question of law is involved. In both the cases the petitioner joined the college as…

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