JUDGMENT MUHAMMAD NASEEM, J. - The principal, Public Health Nursing School, Dera Ghazi Khan got published the advertisement for the admission in two years course of Lady Health Visitors in daily 'Nawa-e-Waqt' Multan. The educational qualification of the candidates as entered therein was F.Sc/Matric with Science 2nd Division C-Grade (minimum 5(19J marks in Science Subjects).
Miss Khalida Zafar petitioner sent her application. She was admitted to join the course of Lady Health Visitor during the year 1994. Her examination after completion of one year education had to commence during the month.Of December, 1995. However the impugned order dated 6.12.1995 was issued by the Controller Nursing Examination Board Punjab. Lahore whereby she was declared not eligible to appear in the examination on the grourki that "the aggregate marks are below 50% tis required by an admission policy". Feeling aggrieved Miss Khalida Zafar has filed this writ petition to obtain the proposed relief that the impugned order dated 5.12.1995 issued by the Controller Nursing Examination Board Punjab, Lahore/respondent No.l maybe declared as illegal, without lawful authority and of no legal effect. According to her after l|ie submission of her application for her admission in the Lady Health Visitors Cojtr.Se she was granted the admission and was admitted by the Principal of the Institution after she had complied with the requisite conditions. She maintained that she was not at fault and once she has been granted the admission she was entitled to complete the course.
2. The comments were called which have been received from the Controller Nursing Examination Board Punjab, Lahore who has taken up the stand that Miss Khalid;! Zafar petitioner was not admitted in (he course of Lady Health Visitors in accordance with lhi| criteria laid down by the Health Department, Government of the Punjab as the minimum qualification for admission in the said course as prescribed by the Government of the Punjab is Matric with Science subjects, 2nd Division1 C-Gradc i.e 50'# marks over-all and 50% marks in Science Subjects while the petitioner secured 412 marks out of 850 marks and as such she did not possess the required qualification for admission in the course, it was reiterated that Miss Khailida Zafar has rightly been restrained from appearing in the Examination. c- ' ! ,V 1 have heard the arguments addressed by the learned counsel for the petitioner as well as the learned Assistant Advocate General. The main contention of the learned counsel of Miss Khalida Zafar petitioner is that the impugned order contained in the letter datied (>.12.1995 is devoid of legal force because the petitioner has been granted the admission and she is not at fault. According to him the respondents cannot be allowed to lake a contrary stand. He maintained that Miss Khalida Zafar petitioner obtained 50% marks with Science Subjects and she was rightly granted the Admission. On the contrary learned Assistant Advocate General argued that the' petitioner secured 412 marks out of 850 marks in the Matriculation Examination and was placed in Gradc:D while a candidate who had secured Gradc-C with 2nc| Division may get the admission. He continued that it was the duly of the petitioner not to apply for admission because she did not have the requisite qualification and she cannot take benefit of her on. Wrong. He added that if any indiscipline has been shown by the Head of the Institution who granted the admission to the petitioner, the Controller Nursing Examination Board Punjab, Lahore is not bound by the same because she has to keep in mind the relevant rules and regulations, according to which the minimum qualification for admission in the Lady Health Visitors Course is Matric with Science 2nd Division C-Gradc i.e. 50"?
Marks over-all with 50"? Aggregate in Khalida Zafar V. Controller N.E.D.
(Muhammad Naseem, J)
Science Subjects. Me reiterated that the impugned order contained in Idler dated b.l2,l'>')5 is legal and operative.
4. I.'however, agree with the learned Assistant Advocate General. The fact of the matter is that the minimum qualification lor admission in the Lady Health Visitors Course is Matric with Science 2nd Division l'-Grade i.e. 50% marks over-all and 50%. Aggregate marks in Science Subjects. This Court directed the Additional Registrar to contact the office of the Controller of Examination. Board of Intermediate and Secondary Education. Multan to get the information about the allocation of 2nd Division and Isl Division as well as the Grades. He obtained the same and the relevant material has been added to this file. According to the relevant information the correct picture is projected as under:- Division Isl Division 00% marks and above, 2nd Division 45'V marks and above less than lst Division, (irativ A * exceptional K0% marks and above A * Excellent 7(1% marks and above but below N0% marks Very good (>()% marks and above but below 70% marks, C-Gradc 50',/ marks and above but below (>()% marks, D-Fair 40% marks and above but below 50% marks E-Sat isfadory. Below 40% marks (minimum pass marks).
5. Miss Khalida Zafar petitioner has placed on record the Certificate issued by the Board of Intermediate and Secondary Education Multan. She appeared in the Annual Examination l'W0(Science Group). She secured 412 marks out of 850 marks. She was allocated Grade-D. She secured (>l marks out ol KK) in Physics Subject, 50 marks out of KK) in Chemistry Subject and 41 marks out of KK) marks in Biology Subject. Thus she secured more than 50% marks in Science Subjects. However, she has not secured C-Gradc so tar as the calculation of total marks is concerned, itmeans that she was not qualified to get the admission in the I.Adv Health Visitors Course. She could not apply lor admission. Even if she had applied, the Principal, Public Health Nursing School. Dera'Ghazi Khan was bound to ignore her application and not to admit her. He could not relax the condition because the Health Department. Government of the Punjab. Lahore is the Policy Maker in accordance'with law. During these days in the Education field as system known as "carry on Scheme" furs taken the birth/stands initialed whereby the students who do not have the requisite.Qualification gel the admission provisionally and thereafter go on appearing in the cxammotion(s) and succeed in completing the course to obtain the dcgrco/diploma. I do not favour the same and hold the view that the carry on system in the education field must eclipse and vanish as it is a source of indiscipline in the Educational Institutions 'which is the place to inculcate and breed up the discipline. The absence of discipline is being lelt these days to an enoijmous extent and the presence of discipline is the need of the hour, it is simply surprising hat even though Miss Khalida Zafar petitioner was not q unified having passed her Matriculation ? Examination in Grade-D, she was admitted, by the Principal, Public Health Nursing School Dera Ghazi Khan in violatlion,,of the policy letter bearing No.S()(TRG) l(>25/'>4 issued by the Government of the Punjab.
Health Department on I'J.*), PW4 which forms part of this petition, it is alarming that the Principal.
Public Health Nursing School Dpra Ghazi Khan considered the application of an ineligible candidate and gave her the admission who is none else than the petitioner. His action in the mailer cannot be approved by this Constitutional Court .Under Article 175(2) of the Constitution of Islaihic Republic of Pakistan. I')7.1 which reads that "No Court shall have any jurisdiction save as is or may be conferred omit by the Constitution or by or under any law." Titus this Constitutional Court cannot approve the wrong am1 misdoing of the petitioner and the Principal. Public Health Nursing School. Dera Ghazi Khan, out of whom the former made the application lor her admission in the Lady Health Visitors Course even though in-eligible and the latter admitted her in spite of her disqualification, it is high lime that the carry'.On. System' is not blessed by this Constitutional Court which not only offends in|* law of the land the same is also against ethic. The petitioner was not eligible to get admission in the Lady Health IVisitor's Course and thus no Constitutional right of the petitioner stands infringed. The impugned order may be harsh lor her. But the rules and regulations cannot be changed which have to be followed by all concerned. The only irresistible conclusion which can be drawn fr<|m the aforesaid state of affairs, analysis of the mailer and discussion would be that the petitioner was in-eligible to gel the admission in the bAdy Health Visitors Course on the basis of the advertisement made in the matter and she is not entitled to the proposed relief.
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(>. For that has been said above. 1 see no merit in iliis writ petition and dismiss the same with costs.
7. The judgment has been announced In this Court just now. I have seen w the grave concern that Miss Khalida Zafar petitioner, was not eligible to submit the application for admission in the l.Atjly Health Visitor's Course which could not be considered by the Principal, Public Health Nursing School, Dera Ghazi Khan lor the purpose of her admission. However, she was granted the admission. The Controller Nursing Examination Board Punjab. Lahorc was well within his legal right to make the objection at the time of examination which has been upheld by this Court. The mailer should not go un-noticod by the Secretary Health Department, Government of the Punjab, Lahore, itshall not be out of place to express that even previously the Writ Petition No.X15-Ed/% filled as "Miss Sha/ia Altai'versus The Secretary Health etc." and Writ Petition No.XU>- Ed/% named as "A7/.v.v Jahina Riaz r. The Secretary Health etc." have already been decided bv me on 4.3.|')% wherein two candidates who were not eligible were granted the admission by the Principal. Public Health Nursing School, Dera Ghazi Khan who were not allowed'to appear in the examination and the writ petitions filed by them were dismissed on the aforesaid dale in limine. As such 1 deem it proper to direct the Additional Registrar of this Court to send a copy of the orders passed in this Writ Petition No.7SN2-Ful/%. Writ Petition No.Sl.vEd/% and Writ Petition No.SI(>-fid/% to the Secretary, Health Department. Government of the Punjab. Lahorc in a settled cover to look into the matter at his end. If found proper, he nitty gel the explanation of the Principal. Public Health Nursing School. Dera Ghazi Khan who should direct him to act in accordance with law tis well as rules and regulations.