Case Details

Citation(s)
2011 SLG 770 2011 SLD 770 2011 CLC 1561
Lahore High Court
Writ Petition No.10742 of 2011, decision dated: 23rd May, 2011
MUHAMMAD AMEER BHATTI, J

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MUHAMMAD RAHID SHARIF

VS

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Educational institution---Administration of justice---Admission fee, deposit of---Petitioner was Principal of the school and he deposited admission fee on behalf of his students---Plea raised by Education Board was that Principal of school had no authority to submit admission form or deposit admission fee on behalf of his students---Validity---Proper place of procedure in any system of administration of justice was to help and not to thwart redress of genuine grievance---Statutory obligation on High Court demanded dispensation of justice by way of exercising Constitutional jurisdiction---If the students were not allowed to sit in examination, it would amount to wasting of their one year and that too without any justification, when High Court on the statement of the Board in earlier petition allowed the students to sit in the examination---It made no difference as to who deposited the fee and submitted the forms---Board was making an effort to wriggle out from the earlier commitment made before High Court which it could not be permitted to do---High Court directed the Education Board to issue Roll number slips to all such students and allow them to appear in the examination---Petition was allowed in circumstances. Petitioner in person. Dr. M. Mohy-ud-Din Qazi, Legal Advisor, BISE for Respondent. ORDER MUHAMMAD AMEER BHATTI, J.--- Thv6ugh this writ petition the petitioner has challenged the inaction of the respondent as the respondent has failed to issue the Roll Number Slip for appearance in the 11th class examination commencing from 24-5-2011. 2. The learned counsel for the respondent in terms of order dated 18-5-2011 has entered appearance and raised the following objections: (i) the petitioner has no locus standi to file this writ petition, (ii) he is not an aggrieved person, (iii) the students have not submitted the form according to the order dated 12-3-2011 passed in Writ Petition No.3840 of 2011 so the present petitioner/the principal of the college has no authority to submit the forms or fee on behalf of the students. Further submits that since the students have failed to comply with the…
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