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(a) National Guards Act (LX I of 1973)‑

‑‑ S. 29‑Additional marks to candidates having National Cadet Corps Training‑Section 29 provides grant of 20 additional marks to every candidate who either successfully completes training or completes not less than 50 per cent. of training period and is still undergoing training‑Such concession, held, not limited to those completing their training in same year as studying in F. Sc. Class.

(b) National Guards Act (LXI of 1973)‑

S. 29‑Additional marks for N. C. C. Training‑New Government policy not allowing 20 additional marks for N. C. C. Training to candi dates not completing training in same year in which they pass F. Sc. Examination‑Held, no amount of, policy making by Government or any Governmental Authority could deprive petitioners of such marks and such instructions declared to be without lawful authority.

Ch. Muhammad Ashraf and S. M. Javaid Chaudhry for Petitioner.

Khalil Ramday, A. A.‑G. for Respondent.

Date of hearing : 28th February, 1979.

The petitioners passed the Intermediate (Pre‑medical Group) Examination from the Board of Intermediate and Secondary Education, Multan in the year 1975‑76. They completed the National Cadet Corps Training in the year, 1977 and were duly granted certificates on the basis of which they claimed that they were entitled to 20 additional marks for the purposes of admission to the Medical College. They claimed this concession under section 29 of the National Guards Act LXI of 1973 as amended by Ordinance IV of 1975. They were informed by the Government of Punjab, Health Department by letter copy of which is Annexure 'F' to contact the National Cadet Corps, Headquatters, Rawalpindi who had to lay down the policy on the subject. The petitioners approached the relevant authority and Came to know that they were not entitled to the 20 additional marks because of change in the policy on account of which these 20 additional marks were to be awarded only to those candidates who had completed their N. C. C. Training in the year in which they passed the F. Sc. Examination. Since the peti tioners had completed the training later they could not avail of this facility. Hence this petition. .

2. The reply filed by the respondents is that this decision had been taken on the basis of the Government's instructions issued "on the interpre tation of General Headquarters, General Staff Branch (National Guards), Rawalpindi confirmed by the Provincial Law Department".

3. The Act as amended by the Ordinance is very clear in the matter and provides by section 29 for the grant of 20 additional marks to every candidate who has either successfully completed the training or having successfully completed not less than 50 per cent of the total training period is still, under‑ A going training. This law does not limit this concession only to these who completed their training in the same year . as they were studying in the F. Sc. Class.

4. Since the petitioner are thus entitled to this concession under the law no amount of policy making by the Government or any Governments Authority could deprive them of it. Any such instructions are, therefore, B ultra vires. The petition is, therefore, accepted with costs and the policy letter inhibiting the grant of 20 additional marks only to those who have c completed the training in the same year as they have been studying in the' F. Sc. is declared to be without lawful authority.

K. M. A. Appeal accepted

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