CLC 2013

2013 PLP 268 (CLC)

AYMEN SAFDAR and 4 others — Petitioners Versus M.S. ISHRAT SADIQ and others — Respondents

Jurisdiction / Court
Lahore
Decided Date
2012-December-20
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2013 PLP 268 (CLC)
Forum / Court Lahore
Bench Members N/A
Parties AYMEN SAFDAR and 4 others — Petitioners Versus M.S. ISHRAT SADIQ and others — Respondents
Primary Law Constitution of Pakistan
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2013 PLP 268 (CLC)?

This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2013 PLP 268 (CLC)?

The case was heard and decided by the Lahore bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2013 PLP 268 (CLC) (AYMEN SAFDAR and 4 others — Petitioners Versus M.S. ISHRAT SADIQ and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan

Representation

  • Tahir Mehmood Abbasi for Petitioners.
  • Syed Sajid Shah, Accountant, for Respondents Nos.1 to 4.
  • 5. I have heard the learned counsel for petitioners and the representative of respondents Nos.1 to 4.

Headnotes / Summary

Art. 199

Constitutional petition

Educational institution

Eligibility for appearance in Board of Education examination

Internal policy of institution/school regarding minimum criteria for appearance in examination was different from the policy of the Education Board

Propriety

School/respondent did not forward admission forms of students/petitioners to the concerned Education Board for appearance in examination on the basis that they failed to obtain 75% marks in their internal test/send-up exams.

Said percentage of marks was set by the school as part of its internal policy to maintain its reputation

Education Board had set 33% marks as the minimum percentage to be obtained by a student in his/her internal exams. to qualify for appearance in the Board examination

Petitioners contended that they had scored 55% in their internal exams., whereas eligibility as determined by the Education Board was only 33%

Validity

School was entitled to impose only reasonable conditions on its students

Education Board had already accepted admission forms of students as they fulfilled the criteria that had been laid down by it for the examination

School of petitioners was under the misconception that they would increase the standard of the school by ignoring those students who could not do well in their internal exams.

School had to accept the responsibility for the educational standard of its students

Policy of school had to be for the benefit of its students so as to encourage them to work hard and realize their weaknesses

Since Education Board had already accepted admission forms of students, therefore, school was just a post-office meant to forward admission forms of students

School in question was directed to submit admission forms of students to the Education Board, which was directed to accept the said forms and permit students to sit for the examination

Constitutional petition was disposed of accordingly.

Judgment & Decree

ALI BAQAR NAJAFI, J.

Through this writ petition the petitioners seek a direction to respondents Nos.1 to 4 to send their admission forms to the office of respondent No.5, as they are already registered as students in Registration SSC Part-I for the Session 2012-2014 (Batch No.1).

2. Brief facts giving rise to the filing of this writ petition are that respondent No.5 announced the schedule for examination of Secondary School Certificate Part-I for Session 2012-2014 (Batch No.1) in which the petitioners' registration was made through Presentation Convent High School for Girls, Murree. The petitioners are their old students and have reached Class 9 but surprisingly their admission forms were not forwarded to respondent No.5. The parents of the petitioners were informed that as the petitioners could not obtain 75% marks in the internal tests; hence their admission forms will not be forwarded to respondent No.5 whereas the eligibility criteria for appearing in the examination by respondent No.5 is 33% marks as private student, hence this writ petition.

3. Learned counsel for the petitioners contends that the petitioners were ignored against law and their precious one year will be wasted; that the petitioners have already scored more than 55% marks in the internal tests whereas eligibility as determined by respondents is 33%; that the petitioners were informed very late, which act of respondents Nos.1 to 4 by itself smacks mala fide; that to bring up to the level of the school is the job of administration for which they have been paid heavily.

4. Conversely, Syed Sajid Shah, Accountant, representative of respondents Nos.1 to 4 appeared and stated that as per the policy of school the petitioners have failed to score 75% marks in the first term, second term as well as in the send-up result, the petitioners could not do well, as they failed in various subjects which did not make them eligible to appear from the school as it will damage the reputation of the school, who have already proved outstanding.

5. I have heard the learned counsel for petitioners and the representative of respondents Nos.1 to 4.

6. Admittedly, respondent No.5 has already accepted the admission forms of the petitioners as they have fulfilled the criteria laid down by them for the forthcoming examination of Class 9 students. Respondents Nos.1 to 4 are under misconception that they will increase standard of the school by ignoring those students who could not do well in their internal send-up exams. Undoubtedly, it is the responsibility of any school to simultaneously give importance to the petitioners/students as they could not discard them in trash box. The school must accept the responsibility for the educational standard of a student. A student of Class 9 is expected to attend class, remain in the discipline of the school, work hard and attempt in all the required tests, and finally deposits the fee in time. In this modern era, ignored students have the tendency to pull back the outstanding students which is not good for institution. If weak student is left out she would go weaker as a direct result of inhuman policy of institution. The policy has to be for the benefit of its subject to encourage a hardwork and realization of weakness of student which is first step towards his brightness.

7. Since respondent No.5 has already accepted the admission forms which is the sole exams. taking authority of the petitioners, therefore, respondents Nos.1 to 4 are just post office, precisely to forward their admission forms for taking examination. Needless to state that certificate of post office is a must who is entitled to impose only reasonable conditions.

8. In this view of the matter, I dispose of this writ petition directing respondent No.5 to accept admission forms of the petitioners, to be submitted through respondents Nos.1 and 4 and permit them to sit in the forthcoming examination of SSC Part-I for the Session 2012-2014 (Batch No.1). MWA/A-173/L Petition allowed.