' The petitioner appeared in F.Sc. Pre-Medical Annual Examination held in 1993 under Roll No,01895 by the Board of Intermediate and Secondary Education, Lahore (hereinafter referred to as "the Board") as a regular student from the Government Islamia College for Women, Lahore Cantt. She passed four subjects and was declared fail in the remaining three subjects, namely, Physics, Chemistry and Pakistan Studies being absent.
2. Grievance is voiced through this Constitutional petition that she is not being allowed to take the examination of her three remaining papers in Supplementary Examination of 1993 which has been refused to her on the ground that since she has failed in more than two subjects, as such, she is not entitled to take Supplementary Examination in view of the amendment made by the Board through its Notification dated 29th of October, 1992.
3. Learned counsel has argued that the petitioner took admission after qualifying her Matriculation examination in the year 1991 for the Session 1991-93 in the Government Islamia College for Women, Lahore Cantt. Rule 6(1) provides that to qualify for the grant of Intermediate Certificate, a candidate shall be provided with a maximum of three consecutive examination opportunities in case he/she qualifies at least in the subjects carrying 6(X) marks in the first attempt. It is the case of the petitioner that she got herself registered under the rules then prevalent in the year 1991 carrying registration No,81-2205-91 as such a valuable right accrued to her to take the examination in the manner and the attempts provided under rule 6.1 of the Board then prevalent. The subsequent amendment by the Board just before the submission of admission form on 29th of October, 1992 would not deprive her of that right in this arbitrary manner. It has also been argued that rule 6.1 which has guaranteed this right of the petitioner is still holding the ground and has not been modified/repealed in the manner provided in the Calendar. In support of his contentions learned counsel for the petitioner has relied upon Pakistan through Secretary, Ministry of Finance v.
Muhammad Himayatullah Farrukhi PLD 1969 SC 407 and Ghulam Sarwar v. Board of Intermediate and Secondary Education, Bahawalpur 1985 CLC 2459.
4. Ch. Ijaz Ahmad learned counsel for the respondents has pointed out that a Committee of the Chairman of Punjab Boards in its meeting held on 25th of August, 1992 decided that the system of annual and supplementary examinations would be introduced in place of Ist and 2nd annual examination in which those candidates who fail in two subjects in their annual examination will be eligible to appear in the Supplementary Examination 1993 and those who would fail in one subject in 1994 annual examination and onward, would qualify to appear in the Supplementary Examination 1994 and onward. This decision of the Committee of Chairman Punjab Boards was approved by the Lahore Board in its meeting held on 26th of September, 1992 vide Item No,9 whereafter the decision of the Board was notified vide Notification No,6/92 on 29-10-1992.
5. I have considered the contentions. The question requiring determination in this Constitutional petition is whether the petitioner, who secured admission in the Intermediate Ist Year in the year 1991, would be entitled to attempt the examination in accordance with the rules as prevalent/available at the time of her admission. Section 21 of the Punjab Board of Intermediate and Secondary Education Act, 1976 (hereinafter referred to as "the Act") empowers the Board to make rules consistent with its Act and the regulations to provide for---
(i) ...........
(ii) ...............
(iii) ........
(iii) Such other matter as may be required under the regulation to be provided in the Rules.
(iv) Chapter IX of the Regulations of the Board provides for scheme of studies for the Intermediate examination. Chapter 5 of the Rules pertains to the examinations and rule 5 thereof provides as under:--- "The Syllabuses and Courses of Reading prescribed for examinations can be changed from time to time by the Board; such changes being duly notified ordinarily two years before the date of the examination from which they are to take effect."
' Rule 2 of Chapter 2 of the Rules for the Intermediate Examination provides the condition of eligibility for a regular candidate which provides that in order to be eligible to appear in the Intermediate examination, a regular candidate must have passed not less than two academic years previously the Secondary School Examination: ' Rule 2.3 provides for the payment of registration fee at the time of admission in the institution in the Intermediate classes. Rule 6.1 which pertains to the number of attempts to qualify the examination provides as under: 6.---(1) To qualify for the grant of the Intermediate Certificate, a candidate shall be provided with a maximum of three consecutive examination opportunities in the case he/she qualifies at least in the subjects carrying 600 marks in the first attempt.
' It is pertinent to mention here that a Hand Book of Curricula and syllabi for the Intermediate Examination to be held in 1993 (Academic Session 1991-93) has been issued by the Board of Intermediate and Secondary Education, Lahore wherein Admission Rules, Scheme of Studies and details of subjects have been provided for the guidance of the students. Whatever rules have been provided in the Board Calendar for the Intermediate Examination have also been reproduced in extenso in this Hand Book. Rule 6.1 on which the learned counsel for the petitioner has placed reliance has also been provided therein. Regulation 2.2 of Chapter III of the Calendar of the Board of Intermediate and Secondary Education, Lahore provides as under:--- "Regulation or rules shall take effect from the date of their approval unless any other date is specified therein as the date from which they are to come into force: Provided that a regulation or a rule shall take retrospective effect only if it is not to the detriment or the interest of an employee, or a student, or a candidate for an examination of the Board, or a recognized institution."
' The above-stated resume demonstrates that Rule 6.1 has provided three consecutive examination opportunities to a student who qualifies at least in the subjects carrying 600 marks in the first attempt. It is nowhere provided in the Calendar by the Board that only those candidates would be entitled to the supplementary examination who appeared in the whole examination. The petitioner embarked upon her study in the year 1991 keeping-in her mind rule 6.1 and attempted fairly well in the subjects carrying more than 600 marks. This successful attempt has made her entitled to take supplementary examination in the year 1993 in the remaining papers.
' The rule was amended just before the examination when she was already at the fag-end of her Second Year F.Sc. Intermediate Class depriving of her right. Had she been made aware earlier, certainly she would have attempted all the papers/subjects. This deprivation is clearly in violation/contrary to rule 6.1. Furthermore the petitioner was in the Second Year of her Intermediate Class when the amendment came on 29-10-1992 taking away her right to appear in the supplementary examination on the basis of rule 6.1. The application of this newly-made Notification to the petitioner in the circumstances appears to be harsh as the same has taken away her right accrued to her earlier. This would also be in conflict with the Regulation 2.2 of Chapter III being detrimental to the interest of the petitioner it is made applicable to her as she embarked upon her Second Year study of Intermediate much before the issuance of the impugned Notification.
' Further arguments of the learned counsel that the Board has got no power to amend the rule or in the alternative rule 6.1 is still holding the field as the same has neither been modified nor repealed are devoid of any force. The first argument was repelled while interpreting the pari materia provisions of the Multan Board regarding the powers of the Board by a learned Single Judge in a case reported in Azhar Ali v. The Chairman, Board of Intermediate and Secondary Education, Multan and another PLD 1971 Lah. 972 wherein it was held as under:--- "By reading these provisions together it is clear that the Board is invested with the necessary power to hold and conduct, among others, examinations pertaining to Intermediate Education and for that purposes to lay down conditions, determine the eligibility of candidates with a view to admitting them to such examinations and to do all other acts necessary for carrying out the purpose of the Ordinance. These powers are wide enough to include the power to take disciplinary action against the students for unfair means and to debar them from appearing in examination for certain period."
' Secondly it is reflected from the written statement that this amendment was approved by all the Chairmen of the Boards in a meeting presided over by Minister of Education and the Secretary, Education was also in attendance Simply because of non-mentioning of rule 6.1 in the Notification, the same cannot be made unworkable. Furthermore this amendment is later in time as compared to rule 6.1, as such, this Notification dated 29-10-1992 shall have full effect prospectively. However, for the reasons stated above it would not have any adverse effect on the right of the petitioner. She would be allowed to take her supplementary examination in accordance with rule 6.1. This is so because she embarked upon her study not only in the first year but also in the second year of her Intermediate class while rule 6.1 was still holding the field. A valuable right accrued earlier to her cannot be taken away in this manner. Resultantly this writ petition is accepted and the refusal of the Board to accept the petitioner's admission form for Intermediate Supplementary Examination 1993 is declared to have been made without lawful authority and of no legal effect. There shall be no order as to costs.