' MUHAMMAD ARIF, J.---As common questions of law and facts are involved in Intra-Court Appeals Nos.438, 439, 440 and 441 of 1992 as also in W.P. No,10522/92, the same are being disposed of by this joint order.
2. Writ Petitions Nos.10079, 10800, 10081 and 10082 of 1992 were disposed of by the learned Judge in Chamber after taking into consideration the case of the appellants/writ petitioners to the effect that the undertaking given on behalf of the appellants by Mr. Muhammad Saadullah, Assistant Director (Examination), Directorate of Education (Schools), Lahore Division, Lahore that the result of the private-respondents in all the Intra-Court Appeals shall be declared by the Directorate without more, has been complied with by declaring the result of PTC/CT Examination 1991 of Lahore City and that he had thrown himself at the mercy of the learned Judge. The writ petitions out of which these Intra-Court Appeals have arisen were filed to challenge the subjection of the result of the private-respondents to their eligibility to take the examination. The learned Judge in Chamber allowed these writ petitions in the following terms:--- "In the circumstances, the impugned conditions 'Subject to eligibility' on the result cards of the petitioners shall be deemed to have never been imposed. Accordingly, these petitions succeed and are allowed with no order as to costs."
3. Government of the Punjab through Secretary, Education and Mr. Saadullah, Assistant Director (Examination), Directorate of Education (Schools), Lahore have filed these appeals respectively against the private respondents therein and Maqbool Hussain and 27 others have filed Writ Petition No,10522/92. The challenge in the Intra-Court Appeals has been made to the judgment dated 22- 7-1992 and the writ petitioners in W.P. No,10522/92 have made the following prayer in the said case:--- "In view of the above submission, it is most respectfully prayed that the show-cause notices issued without any lawful authority may kindly be declared null and void in the eye of law and the condition of ineligibility imposed by respondent No,3 (Assistant Director (Examination), Office of Director (Schools), Lahore Division, Lahore) while cancelling the result of the petitioners may also be declared illegal, unwarranted and without any lawful authority.
' It is further prayed that as the petitioners have succeeded in the aforesaid examination possessing all requisite qualifications, the record pertaining to the case of the petitioners may kindly be summoned before this Hon'ble Court and respondent No,3 be directed to issue genuine result cards to the petitioners in accordance with law and without having any condition of ineligibility."
4. It was on 26-3-1994 that the Director of Education (Schools), Lahore Division, Lahore stated in his report dated 26-7-1993 that the Scrutiny Committee did visit the school-premises (Fatima Public High School, Qaisar Town, Shandara, Lahore) but the management thereof failed to produce the record for its verification. This assertion was denied by the learned counsel appearing on behalf of the private respondents in the Intra-Court Appeals and the record was ordered to be produced in Court on 3-4-1994 as per the request made by the learned counsel for them. On 3-4-1994 Heads of Fatima Public High School, Qaisar Town, Shandara, and Anmole Model School, Shandara, produced the relevant record in their custody which was handed over to Mr. Muhammad Arif Saleem, Director Secondary Education, Lahore, for scrutinising the eligibility or otherwise of the private-respondents in the IntraCourt Appeals as also that of the petitioners in Writ Petition No,10522 of 1992 and the case was adjourned to 10-4-1994. On the later date the- Director, Secondary Education sought further adjournment to submit his report after providing an opportunity of being heard to Muhammad Sarfraz, Principal, Fatima Public High School and Mr. Bilal Anjum, Principal, Anmole Model School. In consequence, the Director, Secondary Education has submitted the requisite report in relation to both the Institutions. It is inter alia stated therein in respect of the record pertaining to Fatima Public High School that the private-respondents in the Intra-Court Appeals were allowed to appear in PTC/CT Examination in 1990-91 provisionally. The desired scrutiny could not be made, in that, the management of the schools did not produce the record. However, the record produced by the management in Court and handed over to the Director, Secondary Education was examined as desired. On perusal thereof the Director, Secondary Education came to the conclusion that the record was not genuine and the same was prepared with a view to substantiate the case of the private-respondents in the Intra-Court Appeals. The following grounds form the basis of the conclusion reached by the Director, Secondary Education:--- "(i) 36 Staff members have been shown in the acquittance roll whereas less number of revenue stamps have been affixed. Moreover already used stamps have been pasted with gum which too are not according to the required number because of the fact that these stamps were subsequently obsoleted and probably were not available when the record was prepared.
(ii) Interesting to submit that after June, 1990, 50 Paisa revenue stamps in orange colour were introduced by the Government which were printed in February, 1991 but the School authorities have affixed these stamps in the acquittance roll against the names of their staff from the month of July, 1990 onward. The fact that 50 Paisa revenue stamps were made available by the Government in February, 1991 has been ascertained from the GPO authorities. This fact alone is sufficient to show the fabrication of the record.
(iii) According to the statement of the teachers namely Mr. Abdul Jabbar and Mr. Muhanunad Arshad the acquittance roll as well as attendance register of teachers for male and female of the school were separate, whereas register produced by the management for male and female teachers is the same.
(iv) The acquittance roll reveals that there are two lady teachers named Naheed Kausar' but the signatures affixed on the revenue stamps against both the names are the same for the month of March, whereas in February, 90 one of Naheed Kausar' put initial on the revenue stamp in English as N.K."
' Likewise the record produced in respect of Writ Petition No,10522/92 was also held to be fabricated for the following reasons:--- "(i) According to the School management there were 28 working teachers during 1989 whereas the report of the then D. District Education Officer, Lahore City, dated 19-12-1989 shows that there were only ten teachers in the institution. It smacks that the record has been fabricated.
(ii) List of 28 teachers provided by school management shows that all the teachers working in the institution were male whereas the report given by Deputy District Education Officer on 19-12-1989 after visiting the institution shows that all the 10 teachers were female.
(iii) The perusal of the acquittance roll produced by the management reveals that in the month of June, 1990 the number of the teachers working in the institution was 30 whereas according to the report of the inspection carried out by Deputy, District Education Officer, Lahore City on 28-51990 the number of teachers is 25.
(iv) Interesting to submit that in the acquittance roll from January, 1990 onward revenue stamps of 50 paisas have been affixed on the acquittance roll whereas these revenue stamps were introduced by the Government in June, 1990 which became available for Office use in February, 1991 as told by GPO authorities. It clearly shows that the record has been fabricated."
5. When faced with this, Dr. A. Basit, learned counsel for the appellants as well as learned counsel for the private-respondents and the writ petitioners in Writ Petition No,10522/92, argued that the reports submitted by the Director, Secondary Education is based on unnecessary and collateral aspects of the case. According to them, revenue stamps and their colour had no nexus with the controversy raised herein. It was argued that even if it is conceded that certain irregularities were committed in the matter of affixation of stamps that does not by itself affect the authenticity of the relevant registers in which the names of the candidates were duly entered and so was the periods spent by them as members of the staff of the Institutions discernible therefrom. It was further argued that the private respondents in the Intra-Court Appeals and the writ petitioners cannot be penalized for alleged failure on the part of the school management to produce the relevant record before the Scrutiny Committee. Both the learned counsel very heavily relied upon the fact that the certificates issued by the appellant-authorities in case of all the candidates were preceded by the scrutiny at that juncture for the proposition that what had been finally resolved at the time of issuing the said certificates, the same could not be undone to harm the interests of the private- respondents in the Intra-Court Appeals and the writ petitioners herein.
6. It is not necessary to go into detail history of the case. Suffice it to say that the basic question which falls for determination is whether the application forms of the private respondents for the P.T.C./C.T. Examination were entertained/accepted after due verification or the same course was provisional. This question turns on perusal of original applications. We have perused the same with the assistance of the Director of Education (Schools), Lahore. Division, Lahore, and learned counsel for the parties. A bare perusal of the forms shows that they were entertained provisionally and a stamp to that effect was accordingly affixed on each and every application. Thus visualised, the certificate of the Scrutiny Committee to the effect that the candidate has been found eligible to take the examination, is also provisional, inasmuch as, the certificate of eligibility was not granted through a separate document but forms part of the application which as stated above was entertained provisionally. It is not necessary to comment whether the Education Department refused to scrutinise the relevant record maintained by the management of the Institution as alleged by learned counsel for the private respondents or that its production was withheld despite repeated reminders issued by the Education Department. Suffice it to say that as per request of learned counsel for the private respondents and pursuant to the orders passed by this Court on 3- 4-1994 and 10-4-1994, the record produced by the Head of the Institution was duly examined by Mr. Muhammad Arif Saleem, Director of Education (Schools) and was found to have been fabricated.
The Director of Education (Schools) has formed the opinion on the basis of material available before him and after providing an opportunity of being heard to the Heads of the Institutions concerned.
7. Confronted with this, learned counsel for the private respondents and that of the writ petitioners were of the view that as the issuance of roll numbers to the private respondents/writ petitioners had preceded the scrutiny of the record of the Institutions concerned, the appellant-authorities cannot be permitted to undo the result of the said institutions. We are afraid, the contention is devoid of any merit. As stated above, the record was not produced by the Heads of the Institutions at the time of the visits of members of the Scrutiny Committee and it was with a view to doing complete justice that appropriate directions were issued by this Court and that too on the asking of learned counsel for the private respondents/writ petitioners that the record be got examined from the Director of Education (Schools). The assertion on behalf of the authorities that all the candidates were permitted to take the disputed examination after their roll numbers were subjected to the condition of the same being provisional is proved on record. The statement allegedly made by Mr. Muhammad Saadullah during the course of proceedings in Writ Petitions Nos.10079, 10080, 10081 and 10082 of 1992 cannot be equated with closing all doors for the appellant-authorities to enquire into the eligibility of the candidates for giving effect to the result declared in all the cases. A bald statement that the record of both the Institutions was scrutinised prior to issuing the roll numbers cannot be given any credence in the presence of the report made by the Director of Education (Schools), who had the benefit of having a visual look at the contents of the concerned registers as also of the statements of the heads of the Institutions made before him. The conclusions reached by the Director of Education (Schools) after the association of the Heads of the Institution in the same has not been shown to be suffering from any jurisdictional error.
8. As pointed out above, the course leading to the scrutiny of the record during the pendency of the appeals and the writ petition was on the suggestion of the private-respondents in the Intra-Court Appeals and the writ petitioners in Writ Petition No,10522/92. It was also considered the only course open to this Bench to resolve the question regarding the eligibility or otherwise of the candidates for the disputed examination for the year 1990-91. The Director of Education (Schools) has concluded as a fact that the record produced by the management was fabricated, therefore, the candidates were not eligible to take the examination.
' In view of the above discussion we regret our inability to agree with the learned Judge in Chamber that the impugned condition "subject to eligibility" could not be incorporated on the result cards in relation to the private-respondents in Intra-Court Appeals. The impugned judgment dated 25-10- 1992 passed in Writ Petitions Nos.10079, 10080, 10081 and 10082 of 1992 cannot be sustained. The Intra-Court Appeals Nos. 438, 439, 440 and 441 of 1992 are allowed leaving the parties to bear their own costs. Writ Petition No,10522 of 1992 is dismissed with no order as to costs. 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.