1997CLC358 (PLP)

‑‑‑‑Meaning‑‑‑"Locus poenitentiae" means a place for repentance or an opportunity to undo what one has done. ‑‑‑[Words and phrases]. (b) Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Admission to two years' course of Health Visitors‑‑‑Petitioner was admitted and she attended the course but at the time of examination she was informed that she being a Third Division Matriculate, her admission was against the Admission Policy and she was not entitled tc take examination‑‑‑Petitioner challenging the order in Constitutional petition‑‑‑Held petitioner was equally responsible for situation which she faced‑‑‑Even if order passed against petitioner was harsh, Court had to keep in mind the law, rules and regulations and could not deviate therefrom‑‑‑No Constitutional right of petitioner having been infringed, petitioner was not entitled to relief under Art 199 of the Constitution. Muhammad Tufail Alvi for Petitioner. Date of hearing: 4th March, 1996. The Principal, Public Health Nursing School, D.G. Khan got published the advertisement for the admissions in two years' course of Lady Health Visitors. The educational qualification was F.Sc./Matric with Science 2nd Division C‑Grade (minimum 50% Marks in Science Subjects). Miss Shazia Altaf petitioner cent her application. She was admitted to join the, course during the year 1994 and is said to have got attested the requisite surety bond. She attended her classes at the time of the examination she has been intimated vide notice dated 29‑11‑1995 by the Controller, Nursing Examination Board. Punjab, Lahore/respondent No.3 that her admission is against the Admission Policy prescribed by the Government of the Punjab as she was a Matric 3rd Division and that her marks in the Science Subjects were less than 50%. Feeling aggrieved she has filed this writ petition to obtain the proposed relief that the impugned order dated 29‑11‑1995 issued by respondent No.3 may be declared as illegal, without lawful authority and of no legal effect. She prayed that she may be declared as regular and bona fide nursing student/candidate of the school and may further be allowed to sit in the examination being held during the month of March/April, 1996. According to the petitioner she was admitted by the Principal of the Institution and she complied with the requisite conditions. She maintained that her case was forwarded to the Government for relaxation of the conditions which was still pending for disposal.

2. I have heard the preliminary arguments addressed by the learned counsel for the petitioner who mainly canvassed that the impugned notice dated 29‑11‑1995 is illegal, void and inoperative which is liable to be ignored especially when the petitioner had attended the classes for a long period of about one year and that it is a case of hardship qua the petitioner. He continued that on the principle of locus poenitentiae the convenience and benefit allowed to the petitioner cannot be withdrawn. I express my inability to agree with him. It is a case of commission of indiscipline first on the part of, the writ petitioner and secondly on the part of the Principal, Public Health Nursing School, D.G.Khan. The petitioner was a Matriculate with 3rd Division having less than 50% marks in Science Subjects. She could not apply for her admission in the two years' course of Lady Health Visitors. Even if she had applied the Principal, Public Health Nursing School, D.G.Khan was bound to ignore her application and not to send the call to her She was also bound not to admit her and to get the surety bond from her. Even if the steps have been taken for relaxation of the conditions the relevant letter in the matter are liable to be ignored being against the Government Policy which has been brought to the notice of the petitioner through the issuance of the impugned order dated 29‑11‑1995 Muss fuss is emanating about the texture of the society and the absence of discipline and this is a case of the said instance wherein the Principal, Public Health Nursing School, D.G. Khan acted illegally, admitted the petitioner and moved the Health Department for relaxation of the conditions. The principle of locus poenitentiae, as such, is not applicable to the instant matter: It shall not be out of place to express that locus poenitentiae means a place for repentance or an opportunity to undo what one has done. Nothing has been brought to the notice of this Court that the Principal, Public Health Nursing School, D.G. Khan could admit any candidate who was not eligible according to the advertisement published in the newspaper. It means that the petitioner and the said Principal are responsible for the creation of the present situation. No Constitutional right of the petitioner stands infringed. Even if the order may be harsh this Constitutional Court has to keep in mind the law, rules and regulations. This Court cannot deviate therefrom. Keeping in view the advertisement made in the matter for the admission of the petitioner, I hold that the petitioner is not entitled to the proposed relief and this petition need not be further processed with.

3. I, therefore, dismiss this writ petition in limine. H.B.T./M‑20/L ?????????????????????????????????????????????????????????????????????????????????? ??????????????????????? Petition dismissed.