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| August 5, 2005 | Friday | Jumadi-us-Sani 28, 1426 |
F grader cannot be considered matriculate: LHC
LAHORE, Aug 4: Chief Justice Iftikhar Husain Chaudhry of the Lahore High Court on Thursday observed that a student who had obtained grade F in the secondary school examination, could not be considered as having passed the matriculation examination.
The court also observed that a candidate having secured grade F in the secondary school examination was, therefore, ineligible for contesting election for the office of nazim for which a matriculation certificate was the minimum academic qualification as provided by the Punjab Local Government Ordinance of 2001.
The court referred to a recent decision of the Inter-Board Committee of Chairmen according to which a student who obtained grade E in the secondary school examination would be considered as having secured 33 per cent marks in the examination, and held that any student getting less than 33 per cent marks could not be considered successful.
The IBCC meeting, which was held on July 23, 2005, issued a notification saying that any student securing grade F would be declared failed in the matric examination.
The court, subsequently, accepted a writ petition, moved by Abdul Quddus, a candidate for the office of Kamoke union council nazim, who raised the objection to the candidature of his rival Mahmood Ahmad Butt who had obtained grade F in the secondary school examination in 2004. The returning officer accepted the objection and rejected the nomination papers of Mr Butt.
Mr Butt moved the district returning officer, who set aside the decision of the returning officer and restored his candidature.
Abdul Quddus moved the high court in a writ petition challenging the DRO’s decision on the basis that the Lahore Board of Intermediate and Secondary Education clearly mentioned on the certificate of Mr Butt that he had appeared in the examination on a “no-fail-no-pass” basis and was placed in grade F which carried less than 33 per cent marks.
Mr Butt’s counsel, Manzoor Ahmad Malik, submitted that the IBCC notification was issued three days after the last day for filing of nomination papers and the decision could be made applicable retrospectively. He also submitted that Mr Butt passed the matriculation examination under a system of examination approved by the Punjab government in 2002 for reforms in educational and examination system.
The old system, according to the counsel, provided that every certificate would bear a BISE note about the percentage of marks and grade obtained on a “no-fail-no-pass” basis which could be considered as having not failed. As such, the candidature of Mr Mahmood Butt should be accepted.
ELECTION PLEA: CJ Iftikhar Husain Chaudhry held that nobody could be barred from contesting elections without sufficient material evidence.
The court also observed that mere previous record of being an active worker of a sectarian outfit, who had neither been convicted nor had been the office-bearer of the outlawed organization, was no adequate a material evidence on the basis of which one could be prevented from being a candidate.
The court dismissed a writ petition moved by Mushtaq Ahmad against the candidature of his rival Qazi Khalid Akbar from Mitha Tiwana, Sargodha, on the plea that the latter had been an activist of the outlawed Sipah-i-Sahaba who was also once charged with the offence of breaching public peace.
The court accepted the candidature of Qazi Khalid and issued directions to the district returning officer and the returning officer of Mitha Tiwana, accordingly.
Mushtaq Ahmad moved the writ petition under section 152-R of the Punjab Local Government Ordinance, 2001, saying that his rival candidate for the office of the nazim did not qualify to contest in the light of the amended law.
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