' The petitioner is a student of F.A. (Part-1) of the Post-Graduate College for Women, Satellite Town, Rawalpindi. She failed to obtain 50% marks in the send up test for taking the Board annual examination. Her form for admission to the Intermediate Examination was not forwarded to the Board of Intermediate and Secondary Education.
' Learned counsel for the petitioner contended that the policy framed by the College is administrative in nature only and against the right of the petitioner to appear in any examination.
The petitioner cannot left at the whims of the Principal of the College. Reliance was placed on Irfan Nadir v. The University of Punjab (1996 CLC 550) to contend that a lenient view is to be taken in favour of the students.
' Conversely the Principal appeared in person and stated that the petitioner remained unsuccessful in the first two tests. She was given tweleve days to improve her grade. She reappeared and again failed. Third time she was given six days for repeating the test and thereafter one month. Lastly she was given three weeks. She submitted that the petitioner was given six opportunities but she has not been able to improve and secure the requisite marks. D.E.O. (Colleges) also appeared and submitted that under rule 3 of Chapter 2 of the Calendar of the Board of Intermediate and Secondary Education, Volume 2 an admission form of a student obtaining 'F' grade cannot be forwarded to the Board for taking examination.
2. I have perused the record, gone through the relevant rule and considered the arguments of the learned counsel for the petitioner. The record shows that the petitioner obtained the marks as follows:-- Test Marks SecuredTotal Marks
(i) Sessional test October/November24 100 (ii)December test/Admission test30 100 (iii)First retest after interval of 15 days30 100
(iv) Second retest after six days23 100
(v) Third retest after one month28 100 (vi)Last test 26 100 Limits of average Marks Obtained by a StudentGrade to be assignedRepresenting 80% and above A-1 Extraordinary 70% and above but below 80%A Excellent 60% and above but below 70%B Very Good 50% and above but below 60%C Good 40% and above but below 50%D Fair Below 40% to 33% E Satisfactory Below 33 % F Fail ' It is thus clear that after December/send up test, the petitioner was given three opportunities to improve her grade. In addition to the above she was given the last opportunity for improvement on 19-3-2005 in which she secured 26 marks. Rule 3 of Chapter 2 of -the aforementioned Rule reads as under:-- "3. The Head of Institution will maintain Record of students proper record of the lectures, performance practicals, physical exercise, class work, manual work and civil defence training referred to in rule 2(4)
(b) (i) The Head of the Institution will also Internal Assessment maintain proper record of the marks and Grading of obtained by students in the periodic Students. Test held during the course of studies. He shall indicate at the proper place in the admission forms Letter grades Assigned to the students, on the basis of average of aggregate number of marks of the best four out of six tests held during two years. The criteria for determining Letter-Grade shall be as follows: The admission form of students Policy regarding obtaining 'F' Grade in the Internal Students obtaining Assessm ent Scheme shall not be Grade-F. forwarded to the Board as they are not eligible to take Examination".
(underlining is mine).
The aforementioned rules shows that the admission form of students obtaining 'F' grade in the Internal Assessm ent Scheme shall not be forwarded to the Board. The Principal has already shown too much indulgence to the petitioner. No student has vested right to have his form forwarded to the Board if he fails to secure the required grade in the internal assessment scheme/send up test.
The prospectus framed by the College Authorities is not in conflict with the rule framed by the Board of Intermediate and Secondary Education, Rawalpindi. The prospectus clearly states that it is essential for the student to pass in all the subjects for forwarding his/her form to the Board. The authority relied upon by the learned counsel is not applicable to the facts of the instant case. In the said case the student had been expelled for cheating in the exam, whereas, in the instant case the Principal has shown enough indulgence to the petitioner.
3. In view of the above this petition has no merit and is dismissed.