2008 PLP 2466 (YLR)

ALI AKBAR QURESHI, J.--Being aggrieved of the non -issuance/withholding of roll number slips by the respondent College, depriving the petitioners from appearing in the Intermediate (Annual) Examination 2008, several students invoked the Constitutional jurisdiction of this Court and in consequence of this Court's order, were issued roll number slips and the respondent Board has also furnished a detailed report along with the explanation submitted by respondent-College.

2. Essentially two sets of students have been identified and categorized by the respondent-Board firstly the private students and secondly the regular students. Students falling in the first category submit their admission forms directly to the respondent Board, whereas, those falling in the second category after getting admission in a school/college, submitted their admission forms through their respective institutions, and the Board accordingly issues roll number slips directly to the private students and to the regular students through their respective schools/colleges. Twofold objectives of the respondent-Board have also been highlighted under the provisions of the Punjab Boards of Intermediate and Secondary Education Act 1976 inter alia to hold and conduct examinations and to lay down conditions viz-a-viz recognition/affiliation of institutions. Further the respondent-Board also regulates the conditions for admissions to its examinations and to determine the eligibility of the students/candidates for the grant of certificates amongst the successful candidates.

3. In terms of Rule 1.12 (Rule 1, Chapter 12), an admission form once submitted may be withdrawn by a Principal on the terms and conditions stipulated before the commencement of the examinations: When a candidate has been sent up provisionally on account of shortage of attendances, and the same has not been made up or condoned in accordance with rules; If the attendances of a candidate fall short of the required percentage although his/her name had previously been forwarded by the head of institution to appear in the examination, and the shortage is not condoned or is so much which cannot be condoned in accordance with the rules; If name of a candidate has been struck off the rolls of the institution of non payment of college/school dues, provided such action has been taken before the commencement of the examination; and If the candidate has been rusticated or expelled or his character certificate has been withdrawn for misconduct before the conclusion of the examination. In all the cases, admission forms of the petitioners were received by the Board through respondent-College within the stipulated time for appearing in the Annual Examination 2008 commencing from 17th of May, 2008, and that the respondent-College neither withdrew the admission forms in terms of Rule 1.12 supra nor delivered the same to the petitioners, hence, the Principal of the Punjab College of Commerce replying to the explanation notice by giving justification for withholding the roll number slips has also tendered unconditional apology, and in pursuance thereof, the respondent-Board has proposed that students who have I appeared in the examination in pursuance of this Court's direction, shall be imparted education in the college without charging any extra fee/funds if they wish to continue their studies until the conclusion of their respective academic course.

5. Arguments heard. Record perused. The crucial issue that boils down is that respondent-College neither intimated the Board nor apprised the students as to the complained action before 14 days statutory period of the commencement of the examination, and that is why, petitioners/ students were desperately constrained to approach this Court. In addition thereto, there is yet another category of the students who could not appear in one of the subjects in the current examinations, on course, again due to the inaction on the part of respondent-College, for which, Mr. Sohail Afzal, the Executive Director, Punjab Group of Colleges Lahore, apologizes in the open Court, and also undertakes that the respondent-College shall not charge even a single penny from those students until the final conclusion/completion of their respective course/current academic session in which they are currently studying. As regards the other students who were given the roll number slips just a day or two before the commencement of the examination and not within the statutory period of 14 days, Executive Director states that they need not to pay the tuition fee to the respondent College, which comes to about 70% of the total charges.

6. As a matter of fact, the course of action adopted by the respondent-Institution is extremely lamentable and the state of affairs prevalent in such-like institutions is highly deplorable, rather the same can be termed as sufficiently callous in its nature and character. That is why, Mr. Suhail Afzal, Executive Director of the Punjab Group of Colleges present in Court has apologized in unequivocal terms for what constrained the innocent and poor students in getting the roll number slips issued at the crucial juncture of their career. Instead of running after roll number slips before this Court and wasting their precious time and hard earned money of their parents, petitioners/students in fact, should have been encouraged to concentrate on preparation for their respective papers/ examinations.

7. Similarly, the respondent Lahore Board cannot be allowed to absolve itself of the onerous responsibility of monitoring and supervision of the entire system and procedure of pre and post examination scenario, and in this context, the affairs of the schools/colleges and the private institutions need to be streamlined so as to make sure foolproof procedure of the issuance of roll number slips to both the private students and the educational institutions at least two weeks prior to the commencement of examination, so as to enable and satisfy the students to identify the examination centres. I must reiterate that teaching and educating the students is undoubtedly a noble task, and this should seem to have been done with dedication and devotion, but unfortunately, certain organizations are running these institutions purely for commercial basis and considerations.

8. Let a copy of this order be transmitted to the Chief Secretary as well as to all the Boards of Intermediate and Secondary Education in the Province of Punjab, directing all the Chairmen/Secretaries to strictly adhere to the statutory provisions vis-a-vis issuance of roll number slips and conduct of examinations well in time and to enforce the same in letter and spirit. Heads of the Boards are supposed to keep their eyes open and should not leave the poor and innocent students at the mercy of the institutions being run as commercial ventures in their respective divisions. It is further observed that if in future any such complaint/petition is filed, stern action involving criminal prosecution shall not only be ordered to be initiated against the institution individually, but the persons at the helm of affairs sitting in the Boards as well would be held directly responsible under E&D Rules for facilitation and perpetuation of complained of lapses viz a viz Boards affiliated affairs culminating in victimization and harassment of poor students. In this regard, learned counsel for the respondent Board undertakes that every possible effort shall be made so as to avoid similar eventuality in future. S.A.K./M-235/L Order accordingly.