2012 YLR 2462 (PLP)

MAQBOOL BAQAR, J.

The petitioners, who are 63 in number, out of whom, some are admittedly regular students of class-IX and some of Class-X, have, through the instant petition sought the following reliefs:-- (1) Direct the respondents Nos. 1 to 4 to allow the petitioners to sit in the examination of 2012 as per schedule and issue their admit cards. (2) To direct the respondents Nos. 1 to 4 to arrange examination center immediately. (3) To direct the respondents Nos. 1 to 4 to fix the date of their practical after are during the examination as they deem fit and proper. Rao Kamran, the Principal of the Madina Excellent Model Secondary School, who is arrayed as respondent No. 5 is present before us in person admits that all the petitioners had submitted their examination forms along with the requisite fee for submitting the same to the Board of Secondary Education, Karachi, the respondent No. 2, however, the same were not submitted/deposited with the said Board On the prescribed date i.e. 15-2-2012 and have not been submitted till date. It is an admitted position that the forms could have been submitted before the Board either on the originally prescribed date or on the subsequent/extended date, which, as noted above, was 15-2-2012. The only reason/explanation submitted by the Principal is that since his mother passed away on 25-1-2012 he left Karachi and came back only on 12-2-2012. We have tried to persuade the learned counsel for the respondent No. 2, the Board of Secondary Education, Karachi, who on our persuasion graciously agreed to persuade the Chairman of the Board to accommodate the petitioners and allow them to take the examination. However,' the Chairman expressed his inability as such would create complete chaos as it is almost impossible to make arrangements at this late hours. Mr. Abrar Hasan, the learned counsel for the Board submits that in fact SSC Part-II examination have already concluded, whereas, the practical of SSC Part-I have also concluded and the theory examination are to commence on 19-4-2012 i.e. tomorrow and it is not possible to permit the petitioners to participate in such examination, for which, extensive arrangements are required to be made. We also understand the difficulty and are of the view that it is at this our almost impossible to make such arrangements because already the Board is catering for about 3,10,000 students and perhaps only such number of examination/question papers are arranged as is the number of students, who had already submitted their forms timely and in addition to the examination/question papers a lot more has to be done for the students to participate in the examination and therefore we are unable to help these unfortunate petitioners. However, the conduct of the respondent No. 5, the Principal is to say the least is mind-boggling and shameful. He has in fact exhibited criminal negligence. In the first place, according to him, his mother passed away on 25-1-2012, as noted earlier, and could have easily come back, to ensure that the examinations forms are submitted timely, even otherwise, it seems that he has not made any efforts and has not approached the Board for submission of the forms subsequently also. The Principal has admittedly resumed his duties on 12-2-2012 and thus there were still three days for him to have submitted the forms. We are not aware as to what has he done with the examination fee that he has collected from the petitioners. In the circumstances, we would direct the Secretary Education. Govt. of Sindh, Director Schools as well as the Chairman of respondent No. 2 to initiate appropriate action against the respondent No. 5 and to take appropriate steps so that the school be de-registered/de-recognized and permission for running the school be withdrawn and the school is closed down and the said respondent be prevented from opening/establishing and/ or running any school under any name or garb. So far as the present petitioners are concerned, we would direct the Education Board to consider their case sympathetically and on humanitarian ground, so that, if possible the petitioners, who were to appear in SSC Part-I examination be allowed either to take such examination along with their examination for SSC Part-II or they may be allowed to take their examination of SSC Part-I within one or two months hereof. Whereas, the petitioners, who were to participate in SSC Part-II examination, if possible be allowed to take such examination in the forthcoming supplementary examination. The Ministry of Education, Govt. of Sindh, Directorate Education as well as the Board of Secondary Education, Karachi shall facilitate in the transfer/ accommodation of the existing students of Madina Excellent Model Secondary School in some other schools. The parents/ guardian of the petitioners may, if so advised, sue the respondent No. 5 for damages and compensation. The Ministry of Education, the Directorate Education and so also the Board of Secondary Education, Karachi are also directed to be vigilant in future, so that, such tragedy may not occur in future and to device ways and means to prevent such occurrence in future as it is also the responsibility of all of them that the schools function properly and may not cause any harm to and/or difficulty for their students. Compliance report of the above directive be submitted by the Ministry of Education, Govt. of Sindh as well as Directorate Education and also the: Board of Education, Karachi to MIT-II of this Court within fifteen days from today. Let a copy of this order be furnished to Mr. Abrar Hasan, the learned counsel for the respondent No. 2, to ensure compliance. The copies of this order may also be sent to the Secretary, Education, Govt. of Sindh as well as Directorate Education, Karachi. The respondent No. 5 shall refund the amounts received by him from the petitioners towards the examination fee and the monthly tuition fee, charged by him from the petitioners over a period of one year instantly, without fail. MH/A-59/K???????????????????????????????????????????????????????????????????????????????????????? Order accordingly.