' The Principal Public Health Nursing School, Dera Ghazi Khan got published the advertisement for the admissions 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 50% 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 ground that "the aggregate marks are below 50% as 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,1 may be declared as illegal, without lawful authority and of no legal effect. According to her after the submission of her application for her admission in the Lady Health Visitors Course 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 Khalida Zafar petitioner was not admitted in the course of Lady Health Visitors in accordance with the 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 subject, 2nd Division C-Grade i,e, 50% marks overall 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 Khalida Zafar has rightly been restrained from appearing in the Examination.
3. I 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 for Miss Khalida Zafar petitioner is that the impugned order contained in the letter dated 6-12-1995 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 take 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 Grade-D while a candidate who had secured Grade-C with 2nd Division may get the admission. He continued that it was the duty of the petitioner not to apply or admission because she did not have the requisite qualification and that she cannot take benefit of her own 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-Grade i,e, 50% marks overall with 50% aggregate in Science Subjects. He reiterated that the impugned order contained in letter dated 6-12-1995 is legal and operative.
4. I, however, agree with the learned Assistant Advocate-General. The fact of the matter is that the minimum qualification for admission in the Lady Health Visitors Course is Matric with Science 2nd Division C-Grade i,e, 50% marks overall 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 1st Division as well as the Grade. 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 1st Division 60 %marks and above 2nd Division 45 %marks and above less than 1st Division.
' Grade ' A +exceptional 80% marks and above ' A +excellent 70% marks and above but below 80% marks ' Very good 60% marks and above but below 70% marks.
' C-Grade 50% marks and above but below 60% marks.
' D-Fair 40% marks and above but below 50% ' E-Satisfactory. 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 1990 (Science Group). She secured 412 marks out of 850 marks. She was allocated Grade-D. She secured 61 marks out of 100 in Physics Subject, 50 marks out of 100 in Chemistry Subject and 41 marks out of 100 marks in Biology Subject. Thus, she secured more than 50% marks in Science Subject. However, she has not secured C-Grade so far as the calculation of total marks is concerned. It means that she was not qualified to get the admission in the Lady Health Visitors Course. She could not apply for 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 a system known as "Carry on Scheme" has taken the birth/stands initiated whereby the students who do not have the requisite qualification get the admission provisionally and thereafter go on appearing in the examination(s) and succeed in completing the course to obtain the degree/diploma. I do not favour the same and hold the view that the carry on system in the education field must eclipse and vansih 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 felt these days to an enormous extent and the presence of discipline is the need of the hour. It is simply surprising that even through Miss Khalida Zafar petitioner was not qualified having passed her Matriculation Examination in Grade-D, she was admitted by the Principal, Public Health Nursing School, Dera Ghazi Khan in violation of the policy Letter bearing No,SO(TRG) 1625/94 issued by the Government of the Punjab, Health Department on 19-9-1994 which forms part of this petition. It is alarming that the Principal, Public Health Nursing School. Dera 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 matter cannot be approved by this Constitutional Court under Article 175(2) of the Constitution of Islamic Republic of Pakistan, 1973 which reads that "No Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law." Thus, this Constitutional Court cannot approve the wrong and misdoing of the petitioner and their Principal, Public Health Nursing School, Dera Ghazi Khan, out of whom the former made the application for 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 time that the "carry on system" is not blessed by this Constitutional Court which not only offends the law of the land the same is also against ethic. The petitioner was not eligible to get admission in the Lady Health Visitors Course and thus no Constitutional right of the petitioner stands infringed. The impugned order may be harsh for 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 from the aforesaid state of affairs, analysis of the matter and discussion would be that the petitioner was in- eligible to get the admission in the Lady Health Visitors Course on the basis of the advertisement made in the matter and she is not entitled to the proposed relief.
6. For what has been said above, I see no merit in this writ petition and dismiss the same with costs.
7. The judgment has been announced by this Court just now. I have seen with grave concern that Miss Khalida Zafar petitioner was not eligible to submit the application for admission in the Lady Health Visitors Course which could not be considered by the Principal, Public Health Nursing School, Dera Ghazi Khan for the purpose of her admission. However, she was granted the admission. The Controller Nursing Examination Board Punjab, Lahore was well within his legal right to make the objection at the time of examination which has been upheld by this Court. The matter should not go unnoticed by the Secretary Health Department, Government of the Punjab, Lahore. It shall not be out of place to express that even previously the Writ Petition No,815-Ed/96 titled as "Miss Shzia Altaf v. The Secretary Health etc." and Writ Petition No,816-Ed/96 named as "Miss Jabina Riaz v. The Secretary Health etc." have already been decided by me on 4-3-1996 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 date in limine. As such I deem it proper to direct the Additional Registrar of this Court to send a Copy of the orders passed in this Writ Petition No,7882- Ed/96, Writ Petition No,815-Ed/96 and Writ Petition No,816-Ed/96 to the Secretary, Health Department, Government of the Punjab, Lahore in a sealed cover to look into the matter at his end. If found proper he may get the explanation of the Principal, Public Health Nursing School. Dera Ghazi Khan who should direct him to act in accordance with law as well as rules and regulations.