Zafarullah Khan Khakwani, J.--After passing her matriculation examination, Met. Naureen Nazim, appellant took admission in Intermediate Class, She first time appeared in the Intermediate First Annual Examination, 2010. She was required to pass the said examination in four permissible chances under the Regulations of the Board of Intermediate and Secondary Education, Rawalpindi (hereinafter to be called as the respondent). She could not pass the said examination in three chances and finally appeared in the last/4th chance under Roll No, 810685 in Intermediate Second Annual, 2011 in Paper English Part-II but again could not pass the same and was declared to re- appear as a whole. She was intimated about this result vide result card dated 31.12,2012. The appellant filed an application before the respondents for grant of special/5th chance. The application was received by a clerk of the respondent. However, no final order was passed on it.
During pendency of the said application the appellant submitted admission form to appear in the 5th chance in failed subject i.e, English Part-II in First Annual Examination 2012 which was entertained. She appeared in the examination but the result was not announced/declared with the objection that she was not eligible to appear in the 5th chance under the Regulations of the respondent. This act of the respondent was challenged by the appellant in this Court by way of Writ Petition No, 1705 of 2013 which was disposed of vide order dated 8.1.2014 and the matter was remitted to the Board of Governors of the respondent for sympathetic consideration due to irregularity committed by one of its employees. The Board of Governors of the respondent vide order No, LC-65-14 dated 8.7.2014 refused to accede to the request of the appellant and upheld their earlier order dated 23.1,2013. This act of respondents was .Challenged by the appellant before this Court in Writ Petition No, 2735 of 2014 which was dismissed vide impugned order dated 10.12.2014. Hence this appeal.
2. Learned counsel for the appellant submits that the appellant filed an application to the respondent for grant of fifth chance on the ground of hardship but the same was not decided as per mandate of Regulations of the respondent-Board and that the appellant in good faith submitted her form for fifth chance which was accepted and she was allowed roll number as such the respondent should not withhold the result of the appellant and such act of the respondent was illegal but the learned Judge-in-Chamber did not properly appreciate the contention of the appellant as such the same is liable to be set aside.
3. On the other hand learned counsel for the respondent-Board has informed that the appellant had availed all the four permissible chances and there was no rule/regulation to permit the appellant to avail a special chance, therefore, the appellant was correctly informed to reappear as a whole but the appellant somehow succeeded to get her examination form entertained but when this illegality came into notice of the respondent-Board her result was withheld, so the respondent has not committed any illegality and the learned Judge-in-Chamber has rightly dismissed the petition. Further informs that the matter was probed into and after proper inquiry concerned delinquent official has been removed from service by the Board.
4. Learned counsel for the parties have been heard and record perused.
5. Rule 10 of Chapter-2 of the Calendar of the Board of Intermediate & Secondary Education, Rawalpindi Volume-II (Rules) deals with chances to a candidate for taking examination of Intermediate. For Facility of reference said rule is reproduced below: "10(1) In order to qualify for the grant of Intermediate Certificate, a candidate shall be granted three consecutive chances including the Annual Examination which will be considered first chance of a candidate.
(2) If a candidate fails in one or maximum of two subjects, he will be placed in compartment and will be allowed to reappear in the failing subjects and to clear the subject/s in two subsequent chances.
(3) A candidate failing in more than two subjects will be declared full fail and will be allowed to re- appear as a fresh candidate if otherwise eligible.
(4) No additional chance shall be granted in lieu of the one missed by the candidate on account of any reason.
(5) ........................... "
' As per Rule 10(1) to qualify for the grant of Intermediate Certificate, a candidate shall be granted three consecutive chances i.e, the Annual and two other chances falling immediately after that.
Sub-rule (2) prescribes that if a candidate fails in one or maximum of two subjects, he will be placed in compartment and will be allowed to reappear in the failing subject/s and to clear the subject/s in two subsequent chances. Sub-rule (3) provides that a candidate failing in more than two subjects will be declared full fail and will be allowed to re-appear as a fresh candidate if otherwise eligible. Sub-rule (4) places an embargo that no additional chance shall be granted in lieu of the one missed by the candidate on account of any reason. It may be mentioned at this very juncture that in the light of the decision taken by the Punjab Boards Committee of Chairmen held on 10.10.2011, Notification No, M.S/7021-9021/11 dated 13.10.2011 was issued by the Chairman of the respondent-Board whereby in order to facilitate the students they were granted four chances to pass examination instead of three chances mentioned in Rule 10(1) above. Thus under the Rules of the Board for Conduct of Examinations, the appellant was eligible to pass her examination by availing four chances. She availed all the four chances but could not pass her Intermediate Examination and she was duly informed through her result card of 2nd Annual 2011 through Column of General Remarks to the following effect: "THE CANDIDATE HAS FAILED AND ALLOWED TO REAPPEAR IN BOTH PARTS (I & II) AS A FRESH ONE"
' As such she was obliged to reappear in both parts as a fresh candidate. Although statedly the appellant filed an application before the respondent to grant permission to avail special chance but she did not wait for the outcome of her application. It appears that the appellant under ill- advice filed her Admission Form for taking examination in English Part-II concealing previous examinations and managed to entertain the same.
6. We have minutely gone through the copy of Admission Form available on record of this file and have noticed that the appellant specifically mentioned in Column No, 18 that she wants to appear only in the Paper of English Part-II. In Column No, 19 of the Form instead of introducing herself as a fresh candidate after complete failure she indicated to appear in additional subject. Again she did not consider it necessary to fill Column No, 20 meant for previous reference of Part-I or Part-II. Even then she swore the affidavit printed on the back of Form that the contents filled in by her were correct and if found incorrect she would be responsible and in that eventuality her result may be cancelled under Rule 15 of Chapter. No, 5 Volume-II of Calendar of Board of Intermediate and Secondary Education. This conduct on the part of the appellant is not above board. Admittedly the appellant had availed all the four permissible chances to pass examination but could not pass. As per Rules of the respondent mentioned above, the appellant has to re-appear as a whole in full subjects. She was intimated about this fact but she even then submitted her form to take exams only in English Part-II for which she was not eligible and that too without" disclosing the previous roll number and papers passed by her. The Board of Governors of the respondent considered the request of the appellant but did not agree with the same. Since the appellant was not permitted under the Regulations to avail fifth chance as such her request was rightly rejected by the Board so, the learned Judge-in-Chamber was justified to dismiss the writ.
7. It is too settled to admit any debate that the student getting education in a particular class/course is bound by the rules and regulations applicable to that course. The Hon'ble Supreme Court in the case titled Akhtar Ali Javed u. Principal, Quaid-i-Azam Medical College, Bahawalpur (1994 SCM R 532) held as under: "The right to seek admission in an educational institution and to continue studies therein is always subject to the rules of discipline prescribed by the institution and therefore, a student who intends to pursue his studies in the institution is bound by such rules."
8. The Hon'ble Supreme Court while dealing with cases of similar nature disallowed the grant of 5th chance/special chance to the students who had already availed all the permissible chances to pass the examination. Steering thoughts in this regard can be taken from the cases of Omer Nassar Muhammad v. Principal, Nishtar Medical College and others (2006 SCMR 645), V. C.
University of Punjab, Lahore u. Mst. Maria Hidayat Khan and others (2007 SCM R 1231), Ali Yousuf and another v. Chairman of Academic Council and Principal, Dow Medical College, Karachi and others (2000 SCM R 1222) and Miss Asma Ghafoor v. Principal, King Edward Medical College, Lahore (2011 SCM R 1311).
9. In view of the discussion above, we do not find any illegality in the order impugned herein. This appeal is, therefore, dismissed. However, the appellant, if so advised, may re-appear in the said examination as a fresh candidate as intimated by the Board vide result card of Intermediate 2nd Annual, 2011. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.