' Briefly stated the facts giving rise to the present petition are that the petitioner had appeared in her Intermediate Examination, 1995 under Roll No,61544. The petitioner's result was shown as the result later on in the Gazette. She approached the respondents Nos.3 and 4 who informed her that her result was not being delivered for want of verification of Home Economics practicals and of her discharge from the concerned school. The principal of the Government Girls High Secondary School, Muridke informed that the petitioner was discharged from the school on the 30th of June, 1994 and that she had completed 75% practicals in Home Economics. On presentation of that certificate result card was issued after the Verification Slip No,2822 dated 1-6-1996 issued by the Verification Section. Meanwhile, next supplementary chance to appear in the failed subject of English had elapsed for no fault of the petitioner. She made an application to respondent No,4 on 3-6-1996 to afford her a chance to appear in the subject of English. The respondents in their comments have taken the stand that the Principal posted the certificate , in registered cover to the office of the Controller of Examinations, Board of Intermediate and Secondary Education, Lahore on 25-5-1996 which was received on 26-5-1996 and the result was declared on 1-6-1996. This is not correct as per rejoinder the respondent Board wrote for said practical certificate on 12-5-1996 when the petitioner had already submitted the same before the respondent Board as it had been issued by the Principal on 8-5-1996. This is also provided from Annexure R.5.
3. The learned counsel for the respondents has also taken the stand that the request of the petitioner is against sub-rule (3) of rule 6 of Chapter 2 of the Calendar of the Board of Intermediate and Secondary Education, Lahore, 1986 according to which no additional examination opportunity shall be provided in lieu of an opportunity missed for any reason. A joint reading of rules 6 and 21 of Chapter 2 of the Calendar of the Board of Intermediate and Secondary Education, Lahore is necessary to resolve the controversy.
' Rule 6 reads 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 case he/she qualified at least in the subjects carrying 600 marks in the first attempt.
(2) A candidate who fails to qualify the examination in the first attempt and is allowed to re- appear in the failing subject/s under sub-rule (i) above, after qualifying the examination shall be granted a certificate of having passed the examination 'in parts'.
(3) No additional examination opportunity shall be provided in lieu of an opportunity missed for any reason.
(4) A candidate who fails to qualify the examination in three attempts, may repeat the examination as a fresh candidate.
(5) A candidate who is blind or is deaf and dumb may qualify the examination without any restriction to the number of examination opportunities/attempts referred to above.
(6) Candidates appearing in the failing subject/subjects are not ordinarily allowed to change the subject/subjects. However, a candidate of Science Group, after passing the compulsory subjects i,e, English, Urdu, Pakistan Studies and Islamic Education, shall have the option to complete the examination by appearing in the three elective subjects of Humanities or other groups in the remaining admissible chances".
' Rule 21, sub-rule (5) reads as under:--- "If the result of a candidate is declared late, except for reason of any default on his part, and the candidate has to re-appear in a subsequent examination, the admission form and the prescribed fee of such a candidate for that examination may be accepted without the payment of late fee within 15 days from the date of declaration of his result or the date fixed for submission of forms and fees without late fee, whichever is later."
' The record of this case shows that the petitioner had applied to the Principal, Government Girls Higher Secondary School, Muridke to grant certificate about two matters. Firstly, that she had left the school on 30-6-1994 and secondly, that she had completed 75% practicals in Home Economics.
The Principal issued the certificate on the face of the application Annexure A with her seal and signatures on 8-5-1996. This certificate was submitted before the Board in original Annexure R.5. Its again sending to the Principal on 12-5-1996 Annexure R.4 and return by the Principal with seal and signatures leaves no doubt that delay if any was not the default of the petitioner and therefore the chance was not missed by the petitioner rather it was the uncalled for delay on the part of the respondents' Board that made her to miss the chance which is not fair. This is a case of gross abuse of process of law and authority.
4. In this view of the matter it is declared that the petitioner has been deprived of her lawful right mala finely and to cover up the lethargy of the respondents and their act. Consequently the writ petition is allowed and the respondents Nos.3 and 4 are directed to afford an additional opportunity to the petitioner to appear in the next Intermediate Examination. It is further observed that as the result of the petitioner has been declared late without any default on her part and she is to re-appear in subsequent examination, the admission form and the prescribed fee of her for that examination shall be accepted by the respondents without the payment of late fee.