CH. IJAZ AHMAD, J.--- Brief facts out of which- the present writ petition arises are that the petitioner appeared in the Diploma of Associate Engineering Examination 3rd year in the Faculty of Auto and Form Technology (old course) in the following attempts: Name of Examination Roll No Result position(as per Gazette) i 2nd Annual Examination 197720741 Fail in five subjects Gen 1977 622, AD 514/553, AD 523/643/655 Theory, AF 614/423 Theory. ii 1st Annual Examination 199827673 Fail in Three subjects AD 514/533, AD 523/643 Theory, AF 614/423 iii 1st Annual Examination 199938132 Fail in one subject AD 1999 514/553 Theory. iv 2nd Annual Examination25255 Fail in one subject AD 1999. 523/643 Theory. v 1st Annual Examination 200036131 Result awaited The aforesaid chart reveals that petitioner appeared in the Diploma of Associate Examination 3rd year held by. The respondents first time and 2nd Annual Examination, 1997 under Roll .No. 20741 in all the subjects. Out of which the petitioner passed three subjects but was failed in five subjects.
Thereafter, petitioner appeared in the aforesaid five subjects in the first Annual Examination 1998 and was passed two subjects and was shown to have been failed in three subjects. Thereafter, the petitioner appeared in the first Annual Examination in the abovesaid three subjects but was shown to have been passed in two subjects but he has been shown as failed in one subject. The subject in which the petitioner has been shown to have been failed was mentioned as A.D. 514/553. Petitioner sent the form for 2nd Annual Examination, 1999 in the above-mentioned subject A.D. 514/553.
Petitioner appeared in the said Examination in the said paper. The result was declared qua the 2nd Annual Examination 1999 which reveals that the petitioner was shown to have been failed in the subject A.D. 523/643 Theory (Theory of Auto Motive Transmission) whereas the petitioner had already passed this subject in first Annual Examination 1999 as is evident from the result gazette of the said Examination. The petitioner was directed to appear by the respondents in the subject A.D.
523/643 in the coming Examination 1st Annual Examination 2000. Petitioner's father being aggrieved by the aforesaid action of the respondents filed an application before respondent .No. 1 on 8.2.2000. Learned counsel for the petitioner submits that petitioner is penalised by the in-action of the respondents: He further submits that action of the respondents in without lawful authority.
3. Learned Legal Advisor of the respondents submits that petitioner was only failed in 'the subject of A.D. 523/643 theory in the 1st Annual Examination 1999 but inadvertently the result published in the gazette showing the petitioner as failed in the subject of A.D. 514/553 (Theory) This mistake was rectified vide tabulating the result 2nd Annual Examination 1999. The petitioner has now availed a chance and appeared in the 1st Annual Examination 2000 under Rol No. 36131 to clear the failing subjects i.e. A.D. 523/643 (Theory). He summed-up his arguments that the Chairman has appointed Prof. Miraj-ud-Din, Inquiry Officer to probe into the matter and fixed responsibility. He further submits that the aforesaid facts are duly supported by the original record of the respondent as is evident from Annexure-R attached with the report and parawise comments. He summed-up his arguments that respondents had no malice against the petitioner.
Petitioner's father application filed before the Chairman is under consideration.
4. I have given my anxious consideration to the contentions of the learned counsel for the parties and perused the record myself. It is admitted fact that petitioner appeared in the 1st Annual Examination, 1999 held by the, respondents and petitioner was declared failed in A.D. 514/553 Theory (Auto Diesel Fuel Injunction and Corroboration Theory). The petitioner submitted his admission form to appear in the aforesaid mentioned failing subjects for 2nd Annual 1999 Examination. The result does not contain any entry regarding the aforesaid failing subjects whether the petitioner has passed the subject or not. The result gazette reveals otherwise that the petitioner failed in the subject A.D. 523/643 theory (Theory of Auto Motive Transmission). It is pertinent to mention here that the result gazette itself appears the following entries "Any entry appear in this notification does not in itself confer any right or privilege to a candidate for the grant of certificate which will be issued under regulations on the basis of the original record in the Boards office."
On the basis of the aforesaid entry this Court laid down the following principle in Rahat Siddiqui's case (PLD 1975 Lahore 257). "The entries in the "result gazette" are thus not clothed with unfettered sanctity". The aforesaid judgment of this Court was confirmed by the Hon'ble Supreme Court in 1977 SCMR 213 (Rehat Siddiqui's case). It is pertinent to mention here that counterfoils/award lists and external result sheets of the respondents shows that the petitioner did not pass the paper in question as alleged by the petitioner. In this view of the matter, the action of the respondents is valid. In arriving to this conclusion I am fortified by the following judgments: PLD 2000 Karachi 154 (Farrukh-ud-Din's case) 1999 SCMR 2604 (Amjad Yasin's case). , It is also admitted fact that the petitioner appeared in the subsequent Examination. Therefore, petitioner is estopped to challenge the same on the well-known principle of estoppel and waiver as per principle laid down by the Hon'ble Supreme Court in Ghulam Rasool's case (PLD 1971 S.C.
376). The respondents are well within their right to direct the petitioner to appear in the failing subject as per their rules and regulations: Learned counsel for the petitioner failed to point out that the respondents violated any rules and regulations framed by the respondents on the subject. In this view of the matter the writ petition is not maintainable as per principle laid down by the Hon'ble Supreme Court in A.I Mir's case (1994 SCMR 433). Petitioner did not alleged ,any malice against the respondents. Therefore, writ petition is not maintainable as per principle laid down by this Court in Saeed Nawaz' 'case (PLD 1981 Lahore 371). It is also admitted fact that the petitioner is penalised by the in action of the respondents. It is very strange to note that on account of the bad action of the official/officer of the respondents did not take any action against their official/officers. Mere appointment of Inquiry Officer does not sufficient, It is pertinent to mentioned here that since the creation of Pakistan there are only few instances where supervisory staff/examiners and employees, of the Board and University were convicted and sentenced. The aforesaid circumstances reveal that the final accountability of all the institutions is individual, his or her action, his or her failure makes or breaks the Institutions and how should the individuals be the Institution? In our beloved. Country by following Quran and Sunna. In other words my authenticity by my values i.e. Only possible by strong conviction/faith makes us true man. In the interest of justice and fair;play, let a copy of this judgment be sent to the Chairman of the Board to hold inquiry as to how it happened that the petitioner was declared successful in the failing paper. This shows that there are some loophole in the system of Examination conducted by the Board which need to be immediately plugged to attach a respectable status to academic certificates issued by the Board. If need be, the Board can recourse to criminal or disciplinary action, if any of its employee is found to be guilty in the preparation or issuance of this bogus certificate or other certificates of its kind. The Chairman of the Board shall 'after holding comprehensive and detailed inquiry will send his finding to the Addl. Registrar of this Court within three months. So that if necessary, further action may be initiated to uphold the sanctity of the Educational Institutions in the Country.