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Writ Petition No.5209 of 1984, decided on 22nd December, 1985.

‑‑Art.199 Educational institution‑‑Candidates submitting medical certificate showing disability to appear in examination and permission to appear in next annual examination‑‑Candidates allowed to appear in requisite examination provisionally but result withheld, while result of other candidates similarly circumstanced declared‑‑Authorities failing to treat candidates at par with other candidates due to negligence of office‑‑High Court in constitutional jurisdiction directed Authorities to declare result of candidates who had already taken examination tonally so as to bring cases of such candidates at par with other cases.

S.M. Masood for Petitioners.

Abdul Hamid Talib for Respondents.

Date of hearing: 22nd December, 1985.

The petitioners herein through this petition seek direction to respondents Nos.1 and 2 to declare their result of second year examination held in November, 1983 by the National Council for Tib, Islamabad.

2. The petitioners and some other candidates who were required to appear in Annual 1983 Examination could not appear as they had fallen ill. They submitted their medical certificates to the Superintendent Examination who forwarded the same to the Controller of Examinations, National Council for Tib, Islamabad. The petitioners and other candidates could appear in the next Annual Examination. The respondent No.2 did not issue Roll numbers to the petitioners, but issued to other candidates, namely, Syed Zahid Hussain and Abdul Wahad whose case was similar to that of the petitioners. The petitioners were however, allowed to take examination provisionally but their result was withheld. On petitioners' representation they were informed that their medical certificates did not reach the respondent No.2. Hence this petition.

3. It is significant to point out that Muhammad Iqbal Zia petitioner No‑1 and Muhammad Saleem, petitioner No.4 subsequently appeared in the examination and were declared successful. Learned counsel does not press this petition on their behalf, as the same has become infructuous. It is dismissed as such to that extent.

4. The Principal, Al‑Sehat Unani Medical College, Faisalabad and Hakim Azhar Ali Azhar, Centre Superintendent appeared, in Court and admitted that the petitioners did submit medical certificates in proof of their illness and the same were sent to the Controller of Examinations. In para. 4 of the comments submitted by respondent No.1 it has been admitted that Syed Zahid Hussain and Abdul Wahad were held eligible to appear in the next examination on medical grounds.

It appears that respondents Nos.1 and 2 did not consider the case of the petitioners at par with that of the abovementioned candidates. As the receipt of the medical certificates and the despatch thereof to the Controller of Examinations has been admitted by the Principal and the Centre Superintendent, the presumption can safely be drawn that the same have reached the Controller of Examinations in due course and might have been misplaced in the office for which the petitioners cannot be penalised. As noticed above, the petitioners had already appeared in the examination provisionally and their case merited equal treatment with other candidates.

5. After hearing learned counsel for the parties, the Controller of Examinations and perusing the documents on the file I am inclined to accept this petition and direct the respondent No.2 to declare the result of Muhammad Iqbal and Syed Jammat Ali Shah petitioners, who had appeared in the examination provisionally.

This petition to the above extent alone is allowed with no order as to costs.

A.A. Petition allowed.

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