2010 PLP 1525 (YLR)

SH. AHMAD FAROOQ, J.

Through the instant Constitutional petition, the petitioners have prayed for passing a direction to respondents Nos.1 and 2 for acceptance of their admission forms for 9th Class Examination and issuance of roll number slips. The petitioners have also prayed that they may be permitted to appear in the forthcoming examination of 9th Class for the year, 2010.

2. Brief facts relevant for the adjudication of the lis in hand are that the petitioners are student of 9th Class and they could not submit their admission forms as well as fee prior to 26-2-2010, which was the last date fixed by the respondents for the purpose, due to the strike of the subordinate staff of the said respondents. The petitioners claimed that they have deposited the triple amount of the prescribed admission fee on 28-2-2010 but despite that neither they are being allowed to submit the admission forms nor roll number slips are being issued to them.

3. Learned counsel for the petitioner submitted that due to the said action of the respondents, the petitioners would not be able to appear in the forthcoming examination of 9th Class for the year, 2010 and they would loose one academic year.

4. On the contrary, the learned counsel for the respondents submitted that the last date for submission of admission form for 9th Class Final Examination was 26-2-2010, whereas the present petitioners submitted incomplete forms on 2-3-2010. Learned counsel for the respondents further contended that the full amount of fee has not been paid by the present petitioners till today. He maintained that the petitioners are private candidates and they cannot be issued roll number slips without proper verification as there are chances of personation. He explained that the last date for submission of forms was extended for private candidates from 13-2-2010 to 26-2-2010 due to the strike of the subordinate staff of the Board of Intermediate and Secondary Education, Lahore. Lastly, he argued that the instant Constitutional petition is not maintainable.

5. Arguments heard. Record perused.

6. According to notification of Board of Intermediate and Secondary Education, Lahore, dated 3-11-2009, the last date for receipt of admission forms from private candidates of Part-I, Secondary School Certificate Examination with triple fee was originally fixed for 13-2-2010. Thereafter, vide notification dated 24-2-2010, the aforementioned date was extended upto 26-2-2010 due to the strike of the subordinate staff of the Board of Intermediate and Secondary Education, Lahore. The petitioners neither deposited the full amount of the fee nor the admission forms prior to 26-2-2010. Rather the present petitioners submitted incomplete and unattested admission forms along with a lesser amount of fee on 2-3-2010. The 9th Class examination for the year, 2010 is scheduled to be held on 30-3-2010. It is an admitted fact that the present petitioners did not submit their admission forms along with the prescribed fee within the date fixed by the Board of Intermediate and Secondary Education, Lahore, vide notification dated 3-11-2009 and 24-2-2010. Undoubtedly, it is the prerogative of the respondents to fix the last date for submission of admission forms as well as the amount of fee to be charged for a particular examination. It is also primarily, a matter of policy. This Court in the exercise of its Constitutional jurisdiction cannot take over to the role of the policy making of the concerned Institution. It is also significant to mention here that in case of grant of permission to the present petitioners to take the examination of 9th Class, which is scheduled for tomorrow i.e. 30-3-2010, without verification of their admission forms, there are chances of personation, in addition to creating administrative problems for the respondents. In arriving at this conclusion, draw strength from the law laid down in Shahid Sarwar v. Chairman, Admission Board/Principal, King Edward Medical College, Lahore 2005 YLR 344.

7. For the foregoing reasons, the instant petition is not maintainable and is hereby dismissed in limine. M.U.Y./M-175/L Petition dismissed.