' Miss Alia instituted instant Constitutional petition with the prayer that she be declared successful in her metric examination and respondents Nos.1 and 2 be directed to issue the Secondary School Certificate to her.
2. The background of the case in brief is that the name of the petitioner after her admission as a regular science student in 9th class in the Government High Court No,1, D.I. Khan was not sent to the Board by the school administration due to inadvertence, therefore, when she not get her Roll Number to appear in the examination she instituted a suit for mandatory injunction directing the respondents to allow her to appear in examination alongwith an application for temporary mandatory injunction in this behalf which was accepted and consequently she was allowed to appear in the examination. According to the result of the examination which was declared under the order of the Court she passed the examination so taken. Later on when the proceedings pending in the Civil Court were held coram non judice, and the result declared was cancelled by the Board vide order dated 18-4-2001, the petitioner invoked the extraordinary Constitutional jurisdiction of this Court by filing this petition.
3. The learned counsel for the petitioner contended, if the name of the petitioner was not sent to the Board for registration due to omission or inadvertence of school administration she was not supposed to suffer as it was none of her faults, especially when she has taken the examination and qualified it. The learned counsel next urged that the issuance of a writ under the circumstances of this case, directing the respondents to declare her result, which was cancelled after its declaration, would be by all means apt and appropriate to secure the ends of equity and justice.
4. The learned counsel appearing on behalf of the Board strenuously opposed the arguments of the learned counsel for the petitioner and by referring to the relevant rules pleaded strict adherence thereto.
5. We have anxiously considered the arguments of the learned counsel for the parties and gone through the relevant record.
6. A perusal of the record would unmistakably indicate that the petitioner's name was not forwarded to the Board for registration within the stipulated time due to the omission or inadvertence of the school administration. The act of withholding her result on the part of the respondents, would, therefore, be tantamount to perpetuating injustice and punishing the petitioner for none of her faults, which cannot be allowed by canon of law, equity and justice moreso when she appeared in examination, qualified it and was declared successful, though under the order of the Court.
7. We, therefore, allow this petition and direct the Board to declare her result. However, in the circumstances of the case we would make no order as to costs.