| Citation(s) |
|---|
| 2004 SLG 2621 2004 SLD 2621 2004 PLD 733 |
Lahore High Court
I.C.A. No. 136 of 2004 and W.P. No. 2564 of 2004; heard on 15th April, 2004
TASSADUQ HUSSAIN, JILANI AND MUHAMMAD SAYEED AKHTAR, JJ
Sh. Shahid Waheed, Ch. Khurshid Anwar Bhinder, Addl. A.G. and Ch. Irshad Ullah Chatha for Appellants. Ch. Abdul Sattar for
Respondent No. 1
I.C.A. No. 136 of 2004 and W.P. No. 2564 of 2004; heard on 15th April, 2004
TASSADUQ HUSSAIN, JILANI AND MUHAMMAD SAYEED AKHTAR, JJ
Sh. Shahid Waheed, Ch. Khurshid Anwar Bhinder, Addl. A.G. and Ch. Irshad Ullah Chatha for Appellants. Ch. Abdul Sattar for
Respondent No. 1
PROVINCE OF PUNJAB and others
VS
Miss ANAM ALI BHATTI and others
Law:
Section:
(a) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)-------Ss. 3, 10, 11, 12 & 21---Federal Board of Intermediate and Secondary Education Act (LXVIII of 1975), Ss. 3 & 4---Federal Supervision of Curricula Text Books and Maintenance of Standards of Education Act (X of 1976), Preamble & S. 3---Constitution of Pakistan (1973), Arts. 25, 37, 143 & 199---Examination Reforms and Internal Assessment System for Classes 9, 10, 11 & 12 (2002-2003)---Intra-Court appeal--Contentions were that reforms introduced in Punjab did not provide any choice in answering the questions and each candidate was to be tested through uniform question papers and the Federal Board of Intermediate and Secondary Education provided choice in answering the questions; such was a disparity and discrimination between the candidates registered and appearing in the forthcoming examinations of the Boards in the Punjab and the Federal Board which was violative of Art. 25 of the Constitution---Validity--- Punjab Board of Intermediate and Secondary Education Act, 1976 and Federal Board of Intermediate and Secondary Education Act; 1975 were two independent statutes having no conflict with each other, Article 143 of the Constitution, therefore, was not attracted as students had no vested right to be governed by any particular statute or set of rules---Boards had been vested with powers to regulate conduct of examinations, they enjoyed complete autonomy in that regard and Legislature did not intend that all the Boards of Intermediate and Secondary Education in whole of the country should follow the Scheme/set of Rules framed by Federal Boards of Intermediate and Secondary Education regarding setting question papers and Examination Reforms---Internal Assessment System approved by the Government of Punjab was necessary to improve standard of excellence of different examinations---Candidates appearing in the examinations to be held by the Punjab Boards were being treated alike and no discrimination among them had taken place---No law or rules existed under which the Punjab Boards could be directed to frame their question papers as per the policy of the Federal…
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