Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Educational institution---Examination---Submission of admission fee and forms---Petitioner, who was Principal of concerned college sent Admission Forms and Fees of regular candidates for examination and admission fee for all candidates was deposited in the account of Secondary Board---Two parcels of Admission Forms were handed over to Courrier Service on dates 3-2-2005 and 4-2-2005, which reached their destination on 8-2-2005---Principal was served with a notice calling upon him to pay late fee---No dispute was that said two parcels were handed over to Courrier Service on 3-2-2005 and 4-2-2005, however according to the Courrier Service those could not be delivered before 8-2-2005 as according to their written statement, office was found closed---In view of Rule 2.16 of the Calendar of the Board, admission fee was deposited three days before last date of submission of the same and the parcels of the Admission Forms were received within .10 days from said last date---Documents/Admission Forms, in circumstances, would be deemed to have been received in time---Claim of the Board for the late fee, was not tenable and was without lawful authority, in circumstances---Impugned claim of the Board for payment of late fee was declared to be without lawful authority and void. Raja Imran Aziz for Petitioner. Hafiz Hifz-ur-Rehman with Ch. Mushtaq Hussain, Superintendent, B.I.S.E., Rawalpindi for Respondents. Date of hearing: 8th April, 2009. JUDGMENT MAULVI ANWARUL HAQ, J.--- Almost admitted facts of the case are that the petitioner, Principal of a College, sent admission forms of regular candidates for F.A/F.Sc. (Part-I) and (Part-II) for the said examination which was to be held on 23-4-2005. These forms were sent in two parcels. The admission fee for all the 555 students was deposited in the account of respondent No.1 on 3-2-2005 and 4-2-2005 vide receipts (Annexure "B"). One parcel was handed over to respondent No.4 (TCS) on 3-2-2005. This was for 336 students for Part-I while another parcel for 219 candidates for Part-II examination was so handed over on 4-2-2005. For reasons stated by respondent…

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