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2008 SCMR 736

MEHMOOD AHMAD BUTT and another vs RETURNING OFFICER, UNION

Citation2008 SCMR 736
CourtSupreme Court of Pakistan
Case No.Civil Miscellaneous Application No,1157-L of 2005 in Civil Petition No,1528-L
Date2005-08-10
Judge(s)Falak Sher, Tasaddaq Hussain Jillani, Sardar Muhammad Raza Khan
ResultPetition dismissed

ORDER

' SARDAR MUHAMMAD RAZA KHAN, J.--- Mehmood Ahmed Butt and another seek leave to appeal against the judgment, dated 4-8-2005 rendered by the learned Chief Justice, Lahore High Court whereby, on acceptance of the writ petition of respondent Abdul Qadoos, candidacy of the petitioner for the seat of Nazim Union Council 159/4, Kamoke District Gujranwala was turned down on the ground that he was not a matriculate within the contemplation of section 152(1)(e) of the Punjab Local Government Ordinance, 2001. Earlier, the nomination paper was rejected by the Returning Officer but accepted on appeal, by the District Returning Officer.

2. It appears from the arguments that a scheme was introduced by the Board of Intermediate and Secondary Education concerned, commonly known as "no fail/no pass" scheme whereby the - candidates appearing for Secondary School Examination were to be graded from `A+ to F' without assigning the 'fail' or 'pass' results. The claim of the petitioner is that though he was placed in grade 'F' yet he was not declared fail and hence was a matriculate. Such ambiguity was removed by the Punjab Board Committee of Chairmen's Notification No,73/PBCC/LHR, dated 23-7-2005, whereby the grades from `A+ to E' were considered equivalent to a Secondary School Certificate while, Grade 'F' was excluded from the scope of the earlier scheme. The subsequent notification was issued as a matter of clarification. This brought the learned High Court to rightly hold that the petitioner placed in grade 'F' was not the holder of Secondary School Certificate.

3. It may be recalled that the petitioner had obtained only 93 marks as total score out of 850. It is amazing as to how could such a candidate be considered a matriculate or the holder of a Secondary School Certificate.

4. In view of the existing circumstances, we find no force in the petition which is hereby dismissed and leave to appeal' refused.

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