1. MUHAMMAD SAYEED AKHTAR, J:--- A common question of law and fact is involved in I.C.A.No,136 of 2004 and W.P.No,2564 of 2004. We propose to dispose of these two by this common judgment.
2. The Government of Punjab, Education Department introduced "Examination Reforms and Internal Assessm ent System" for classes 9th, 10th, 11th and 12th with effect from academic year 2002-2003.
2. The relevant paras of these Reforms are as under:-- "2. Salient features of these Reforms are as follows:-
(i) Students will be assessed for their learning achievements on thebasis of their knowledge, comprehension, application and analysis. Accordingly, question papers will be designed for assessm ent of knowledge, comprehension, application and analysis.
(ii) Question paper will contain multiple choice questions, matching, completion, short answers and essay type/long answer questions weighted proportionately according to the scheme provided in the approved curricula.
(iii) There will be no choice in answering questions. Each candidate will be tested through uniform question papers." The notification for the said reforms was issued on March 22, 2002. The model question papers for the guidance of the students were also published.
3. Para. 2 (iii) of the Reforms is under challenge in the instant appeal and Writ Petition No,2564 of 2004. The respondents 1 and 2 in I.-C.A. And the petitioners in the Constitutional petition call in question the aforementioned Reforms/policy of the Government. Constitutional Petition No,3833 of 2003 was filed at Bahawalpur Bench impleading all the Boards of Intermediate and Secondary Education, Punjab and the Federal Board of Intermediate and Secondary Education, Islamabad.
4. The grievance of the respondents was that the reforms introduced in Punjab do not provide any choice in answering the question. Each candidate is to be tested through uniform question papers.
5. Whereas the Federal Board of Intermediate and Secondary Education, Islamabad provides choice in answering the questions. It is a disparity and discrimination between the candidates registered and appearing in the forthcoming examinations of the Boards of Intermediate and Secondary Education, Punjab and the Federal Board of Intermediate and Secondary Education, Islamabad and that the same is violative of Article 25 of the Constitution of Islamic Republic of Pakistan.
6. Secretary Board of Intermediate and Secondary Education, Bahwalpur appeared before the Court and admitted the disparity/discrimination as alleged by the petitioners. Learned Judge in Chambers allowed the Constitutional Petition and directed the Chairman, Punjab Boards Committee of Chairman (PBCC) (appellant No,2) "to take steps immediately to remove the disparity/discrimination with regard to the preparation and setting of question papers between Boards of Secondary Education Punjab/respondents 1 to 8 and Federal Board of Intermediate and Secondary Education, Islamabad before the forthcoming examinations, which, as per representative of respondent No,1 are going to commence from 24th April, 2004."
3. Learned counsel for the appellant contended that all the Boardsof Intermediate and Secondary Education in Punjab are constituted undersection 3 of the Punjab Boards of Intermediate and Secondary Education Act, 1976 and are independent bodies to regulate, organize, develop, control and conduct examinations. All the Boards in Punjab have adopted the Examination Reforms under section 21 of the Punjab Boards of Intermediate and Secondary Education Act, 1976. The Federal Board of Intermediate and Secondary Education, Islamabad is constituted under section 3 of the Federal Board of Intermediate and Secondary Education Act, 1975 and has different rules/policy for holding the examinations and framing question papers. There is no discrimination against the persons similarly situated or similarly placed and that there is no violation of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973. Erroneous admission made by a party creates no legal consequences. He urged that an examinee cannot claim a right to be governed by a particular set of rules. Lastly he maintained that this Court has no jurisdiction in policy matters.
7. Reliance was placed on Rana Saeed Ahmad v. Controller Bahauddin Zakariya University, Multan 1995 MLD 1848; Rana Saeed Ahmad v. Controller of Examination, Bahauddin Zakariya University, Multan 1996 SCMR 792; Mumtaz ali Bohio and 24 others v. Federal Public Service Commissioner through Chairman at Islamabad and another 2002 SCMR 772; Government of Pakistan through Secretary Ministry of Comrnerce and another v. Zameer Ahmad Khan PLD 1975 SC 667; Zameer Ahmad Khan v. Government of Pakistan and another 1978 SCMR 327; Muhammad Saleem and 3 others v. Federal Public Service Commission through Chairman, Islamabad and 2 others 2003 MLD 1133; Airleague of PIA Employees, Union and another v. Federation of Pakistan/The President/Chief Executive and another 2003 PLC (CS) 145; (sic) Ahmad Ghuman v. Government of Pakistan and others PLD 2002 Lah. 521; Mst.Attiyya Bibi Khan and others v. Federation of Pakistan through Secretary of Education (Ministry of Education) Civil Secretariat, Islamabad and others 2001 SCMR 1161.
8. ' Additional Secretary (Education) appeared in the Court and stated that the examination reforms have been brought in order to improve the education standard in the whole of Province and the knowledge and comprehension of the students. Under the old system the students would make a selective study and leave out the other portion of the syllabus. Having selective knowledge were unable to cope with higher standards required in the professional examinations. The scheme of permitting choice in answering the questions has been abolished and the candidates are to be tested through uniform question papers without choice in the entire Province. Future of thirteen lac students is involved and it is impossible to change the question papers at this stage as examination is to be held on 24th April, 2004.
9. ' Conversely, the learned counsel for respondents in appeal and Constitutional Petition No,2564 of 2004 submitted that there is a cleardiscrimination between the students registered with the Punjab Boards and that of Federal Board of Intermediate and Secondary Education, Islamabad. The Federal Board provides sufficient choice to the candidates appearing in 11th class, therefore, candidates of Federal Board will have edge over the students taking examinations of the Punjab Boards. Resultantly there will be a remarkable difference in the marks obtained by both the sets of candidates. He further submitted that it is the responsibility of the Federal Government to supervise the curricula, text books for various classes and maintenance of standard of education. The rules/policy framed by the Federal Board will prevail over the policy of the Provincial Board under Article 143 of the Constitution of Islamic Republic of Pakistan, 1973. The uniform policy should be adopted and one group of students should not be allowed to have edge over the other class of students. Reliance was placed on Miss Mobeen Sheikh and others v. Federation of Pakistan and others 1998 SCMR 2701.
4. We have gone through the Educational Reforms, the relevant provisions of the law and considered the arguments of the learned counsel for the parties. All the Boards of Intermediate and Secondary Education in Punjab work under the Punjab Boards of Intermediate and Secondary Education Act, 1976. Section 10 of the same Act invests the Board with certain powers. The relevant portion of the said section is reproduced as under:-- "10. (1) Subject to the provisions of this Act a Board shall have power to organize, regulate, develop and control Intermediate Education and Secondary Education.
(2) In particular and without prejudice to the generality of the powers conferred by the preceding subsection, a Board shall have the power:--
(i) To hold and conduct all examinations pertaining to Intermediate Education, Secondary Education, Pakistani and Classical language and such other examinations as may be determined by Government.
(ii) To prescribe courses of study for its examination.
(iii) To lay down conditions for recognition of institutions."
10. Government of Punjab is the Controlling Authority of the Boards under section 11 of the same Act.
11. Similarly section 12 invests the Controlling Authority with certain powers. The relevant portion of section 12 is reproduced as under:-- "12. (1) The Controlling Authority shall have the power to inspect and cause an inspection to be made, by such person orpersons as it may direct, of the offices, activities and funds of and the conduct of examinations by a Board, and to cause an enquiry to be made in respect of any matter concerning a Board, or the discharge of functions by the members, officers and employees of the board.
(2) .....
(4) ......
(6) The Controlling Authority may, from time to time, direct a Board to conduct its affairs and to perform its functions in such manner as may be specified.
12. All the eight Boards of Intermediate and Secondary Education in Punjab established under the Act of 1976, have adopted the 'Examination Reforms and Internal Assessment System' approved by the Government of Punjab, Education Department. The students are to be assessed for their learning/achievements on the basis of their knowledge, comprehension, application and analysis.
13. The model papers issued by the Boards of Punjab and the Federal Board of Intermediate and Secondary Education, Islamabad display a disparity between them. The Model Papers issued by the Federal Board clearly provide choice to the candidates appearing in the examination to be held by it. Whereas, the model papers issued by the Punjab Boards as per 'Examination Reforms' do not give any choice to the students in answering the questions. Every Board has its own scheme of studies and rules for the Intermediate Examination. The Scheme of studies for the Intermediate Examination provides for the subject groups, the number of subjects, their weight age in terms of marks, number of papers for a subject, the duration of each paper and the number of question papers. It is within the domain of each Board to prepare the scheme for holding examinations and setting of question papers aiming at testing the ability of the candidate to apply his knowledge in solving the practical problems. The Boards of Punjab have adopted a uniform policy in order to improve the standard of education. Federal Board operates under Federal Board of Intermediate and Secondary Education Act, 1975. We do not see any discrimination being meted out to the students of the Punjab Boards. The Punjab Boards of Intermediate and Secondary Education Act, 1976 and Federal Board of Intermediate and Secondary Education Act, 1975 are two independent statutes having no conflict with each other. In these circumstances the Article 143 of the Constitution of Islamic Republic of Pakistan, 1973 will not be attracted. No student has a vested right to be governed by any particular statute or set of rules. See Mumtaz Ali Bohio and 24 others v.
14. Federal Public Service Commission through Chairman at Islamabad and another (supra). The Boards have been vested with powers to regulate conduct of examinations,they enjoy complete autonomy in that regard. The Examination Reforms and Internal Assessment System approved by the Government of Punjab was necessary to improve standard of excellence of different examinations. If the contention of the learned counsel for the respondent and the writ petitioner is accepted then all the Boards of Intermediate and Secondary Education in whole of the Country will have to follow the Scheme/Set of Rules framed by Federal Board of Intermediate and Secondary Education, Islamabad regarding setting question papers which is not the intention of the Legislature.
15. The preamble to Federal Supervision of Curricula Text Books and Maintenance of Standards of Education Act, 1976 envisages the object of the Act to provide for- building up of national cohesion by promoting social and cultural harmony and designing curricula relevant to the nation's changing economic needs, compatible with the basic national ideology and providing massive shift from general education to more purposeful agro-technical education; and to make provision for Federal supervision of curricula, text books for various classes and maintenance of standards of education. Such object had been reinforced by section 3 of the same Act. In our view the adoption of the uniform "Examination Reforms" by the Punjab Boards of Intermediate and Secondary Education is a step towards attaining the aforementioned objects. The said Act nowhere provides that the Punjab Boards of Intermediate and Secondary Education are not free to frame their own Scheme/Rules for framing the question papers. It is purely within the domain of the Punjab Boards of Intermediate and Secondary Education to set the question papers with or without choice.
16. Holding it otherwise would infringe the principle of Provincial autonomy and the Principles of Policy under Article 37(b) of the Constitution of Islamic Republic of Pakistan, 1973.
17. The concept of "equal protection before law" and "equality before law" means that all persons similarly situate or similarly placed are to be treated alike. The reasonable classification is permissible but it must be founded on reasonable distinction or reasonable basis. Enunciating the principle of classification the Hon'ble Supreme Court in the case of 1.A. Sehrwani and others v.
18. Government of Pakistan through Secretary Finance Division, Islamabad and others 1991 SCMR 1041 observed:-- "(a) A law may be Constitutional even though it relates to a single individual if, on account of some special circumstances, or reasons applicable to him and not applicable to others, that single individual is treated as a class by himself."
19. ' The case of Government of Balochistan through Additional Chief Secretary v. Azizullah Memon and 16 others PLD 1993 SC 341 allows the area wise classification:-- "Although areawise classification on the basis of local circumstances for applying different laws may be justified, it must be intended to achieve a lawful, rational and reasonable object which may not run contrary to the fundamental rights guaranteed by the Constitution and principles of justice and equality. The law should have real nexus with the object."
20. ' The sphere of the jurisdiction of Federal Board of Intermediate and Secondary Education is restricted. Section 4 of the Federal Board of Intermediate and Secondary Education Act, 1975 reads as follows:-- "4. Jurisdiction of the Board.--The Board shall exercise the powers conferred on it by or under this Act in respect of the institutions within the Federal Capital, the Federally Administered Tribal Areas, and such states and territories, not forming part of a Province, as are or may be included in Pakistan, whether by accession or otherwise, institutions established by Pakistan Missions of citizens of Pakistan in foreign countries and such institutions located within the jurisdiction of Cantonment Boards constituted under the Cantonment Act, 1924 (II of 1924), as seek recognition of the Board."
21. The candidates appearing in the examination to be held by the Punjab Boards of Intermediate and Secondary Education are being treated alike and no discrimination among them has been pointed out. There is no law or rule under which the Punjab Boards of Intermediate and Secondary Education can he directed to frame their question papers as per Policy of the Federal Board of Intermediate and Secondary Education, Islamabad.
22. ' There is another aspect of the case that the "Examination Reforms and Internal Assessment System" was issued on 10-4-2002 by the Government of Punjab. The respondents in I.-C.A. And the petitioners in Constitutional Petition No,2564 of 2004 have approached this Court in the year, 2004.
23. The examinations are going to be held on 24th of April, 2004. The future of thirteen lac students is at stake. It is virtually impossible to frame the question papers as per Policy of the Federal Board of Intermediate and Secondary Education, Islamabad in short span of time. The petitions badly suffer from lathes. In view of the above it is not necessary to examine the plethora of case-law cited by the learned counsel for appellants.
5. For what has been stated above, the I.-C.A. Is allowed. The order passed by the learned Single Judge in Chambers dated 22-3-2004 is set aside and the Constitutional Petitions No,3833/03-BWP and W.P. No,2564 of 2004 are dismissed leaving the parties to bear their own costs.