1. Muhammad Ali Mazhar , J.--The aforesaid petitions were decided vide our short order dated 23.4.2021. While wrapping up the matter to finale, we advo cated our conclusions and aspired to release the detailed judgment in aid of our short order . The minutiae of the case was incorporated in our earlier order in a transitory form, however , for fairer understanding, the gist of the case is yet again bring to light in its fact-based matrix. In essence, the above- mentioned petitions were targeted to implore a declaration that decision of National Command and Operation Centre (NCOC) for holding physical exam s for A and AS Levels and 0 Level were in violation of Articles 4, 8, 9 and 25 of the Constitution of the Islamic Republic of Pakistan hence the said decision be declared illegal. Next prayer was made for directions against the Respondent No. 1 (Federation of Pakistan through Ministry of Federal Education & Professional Training) to take on the alternative provided for evaluat ing the students in 0, A and AS level exams thru School Assessed Grades method failing which approximately 85,000 students will face irretrievable loss. Together with the main petition, an interlocutory application was also moved under Order 39 Rules 1 and 2 CPC to refrain the respondents from conducting physical examination and evaluate and weigh up the students' proficiency in keeping with the formula of school assessed grades. Intrinsically , the petitioners avowed that during third wave of pandemic, there is no justification or raison d'etre to hold physical examinations in Pakistan.
2. For the ease of convenience, nucleus of our short order dated 23.4.2021 is reproduced as under:-- "i) Holding physical exams for A and AS levels and 0 level according to notified schedules does not infringe or intrude any fundamental rights of the petitioners. The petitioners cannot claim any vested right to evaluate or appraise their credentials and competence by dint of "school assessed grades" and not by means of physical examination. ii) The decision of physical examination of 0/A/AS levels was taken in the meeting of Respondent No. 1/National Command and Operation Centre on 18.4.2021. Under the dominion of Judicial review , the Court reviews the lawfulness of a decision or action made by a public body . In fact this is a process under which executive or legislative actions may be subject to review by the judiciary . The Court may invalidate laws, acts and governmental actions that are incompatible with a higher authority more so, an executive decision may be invalidated for being unlawful and also maintains check and balance. This can be sought on the grounds that a decision arises when a decision-maker misdirects itself in law, exercises a power wrongly , or improperly purports to exercise a power that it does not have, which is known as acting ultra vires ; a decision may be challenged as unreasonable if it is so unreasonable that no reasonable authority could ever have come to it or a failure to observe statutory procedures.
3. (Ref: PLD 2020 Sindh 42. Hajj Organizers Association of Pakistan vs. Federation of Pakistan ). In our view the policy decision impugned in these constitution petitions is based on number of circumstances on facts and expert opinion, forethought and premeditation of all pros and cons and it does not seem to be arbitrary , discriminatory or violative of any constitutional, statutory or any other provisions of law hence we do not find any justification or rationale to interfere in this policy decision when all arrangements have already been made for physical examination and large number of students throughout the country are geared up to 'appear in the examination while few students only approached to the Court of law for staying the examination and hamper the entire process which is totally unwarranted and prejudicial to the interest of large number of those students who are ready to appear and making preparation religiously . iii) On 22.4.2021, Ministry of Federal Education and Professional Training, Government of Pakistan communicated Country Director British Council Pakistan for enforcement of SOPs during physical examination of A, AS levels and 0 level according to the schedule. In the same letter it is visibly conversed to the British Council for observance and adherence to Covid SOPs that Desk to be placed 6 ft. apart; face masks to always be worn; hand wash facilities to be provided at all venues; mandatory temperature checking and venues to be sanitized completely before and after exams. The counsel for the Cambridge Assessment International Education has also produced a copy of SOPs with clear assurance and undertaking that during the physical examination the SOPs shall be strictly followed and implemented. He has also produced a copy of letter communicated by British Council to the Federal Minister Education and Professional Training, Government of Pakistan assuring to follow the SOPs and also attached the document. For the ease of convenience, the SOPs document is reproduced as under: "Health and Safety SOPs O and A Level Exams.
4. SOPs for venues Venue sanitization before every exam session. Minimum 2 meters distance between candidates throughout their exam journey . Minimum 2 meters distance between candidates' desks. Mandatory temperature check for all security guards.
5. Mandatory masks for all venue and security staf f. Hand sanitizers and disinfectant wipes will be available at all venues. Dedicated team of venue staf f to implement the H&S SOPs at venues.
6. SOPs for Candidates Candidates and schools are informed about early arrival at venues and late departure to ensure the social distance and crowd control. Mandatory temperature check by using thermal gun before entry in exam hall. Candidates quick scanning and ID check. Candidates to directly enter in exams hall and wait on their designated desks until exams start. No waiting area for candidates. Mandatory masks for all candidates throughout their exam journey . Candidates exit in batches with 05 minutes gap to ensure the social distancing. Waiting area only for under 18 candidates those will opt safe collection option. Where possible, dif ferent entry and exit points for candidates to ensure the social distancing.
7. SOPs for V enues Staf f Weekly consent and forms are signed by invigilators. Temperature check for all venue staf f upon arrival at venue. Masks are provided by the British Council and it is mandatory for venue staf f to wear the mask. Gloves\ are provided to handle the question papers and answer scripts. Face shields are provided and mandatory for the venue staff performing candidates scanning and ID check duties. Mandatory social distance at venues throughout the exam activity .
8. SOPs for Staf f Wearing mask is mandatory for staf f. Use of gloves while handling question papers and answer booklets. Regular use of hand sanitizer . To ensure social distancing while performing their duties at venues. Dedicated staf f to manage the exam venues and back of fice work to eliminate their physical interaction.