| Citation(s) |
|---|
| 2010 SLG 1552 2010 SLD 1552 2010 YLR 580 |
Lahore High Court
Writ Petition No. 8699 of 2008, decision Dated: 18-07-2008.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Saleem Khan Chichi
Respondent(s) by: Sh. Shahid Waheed
Writ Petition No. 8699 of 2008, decision Dated: 18-07-2008.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Saleem Khan Chichi
Respondent(s) by: Sh. Shahid Waheed
PRINCIPAL ALLAMA IQBAL COLLEGE
VS
SECRETARY, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, GUJRANWALA
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan (1973)--- ----Art. 199---Educational Institution---Failure to pay amount demanded by Education Board---Since the examination was going to be held after two days Principal of the college gave undertaking before the Board to pay amount as demanded by the Board and in case of non-payment, the result of the students was to be withheld---Principal, instead of resolving the matter and to save the career of the students, opted to file constitutional petition simply to wriggle out of the undertaking admittedly given---Students and the Board could not be held liable for any lapse or fault, but in fact it was the Principal which did not discharge his onerous duty and responsibility---Amount due against as also undertaken by the Principal of the college, would be paid by the Principal of the College and not by the students---If the amount in question as undertook to be paid was not paid, same would be deducted from the Endowment Fund of the principal, however, result/result cards of the students would not be withheld by the Board in any case. THIS ORDER PASSED BY: ALI AKBAR QURESHI, J.--- Case being canvassed by the learned counsel is that petitioner institution stands affiliated with the Board of Intermediate and Secondary Education, Gujranwala since 27-2-2008 and is stated to have submitted admission forms for the students to appear in Annual Examination, 2008 held in June, 2008 and received by the respondent' Board on 27-2-2008 within due date. In terms of letter dated 19-5-2008 respondent No.1 called upon the petitioner to deposit Rs.10,080 as three times toke fine for the original amount of Rs.3,360 which the petitioner was ready to pay but later petitioner was directed to further deposit Rs.500 more per student as a fine in addition to the said amount which comes to Rs.14,080 which the petitioner deposited with the bank concerned on 30-5-2008. Whereafter, the respondent further demanded Rs.500 per day per student amounting to Rs.2,100 per student and for 8 students Rs.1,68,000. Since the examination was going to be held after two days, therefore, the petitioner had no other option but to give certain undertaking before respondent-Board and…
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