1992 PLP 1708 (MLD)

This petition under Article' 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed by Kamalia Elementary Teacher Training College, Kamalia through its Principal against the province of Punjab through Secretary Education and 2 others.

2. It is asserted in this petition that the petitioner is running an institution for imparting training to the male and female students in teaching on the elementary side (PTC/CT). On 22nd October of 1990, it applied fur registration of institution to respondent No.2 but the application was returned to the petitioner by respondent No.3 on the ground that he was not competent to register the institution. It is further stated that on account of reluctance of the respondents to grant the registration certificate, the petitioner alongwith others approached the Chief Minister who directed a secret survey, as consequences of which the institute of the petitioner was inspected. According to the petitioner, the classes were being conducted in two shifts one in the morning and the other in evening and although the respondent has permitted the students of the'; morning shift to take PTC examination but this permission has not been granted to students studying in evening shift. In this petition it has been prayed:‑ "that the respondents may very kindly be directed to include the names of the students of evening session of the petitioner's college numbering 395 in the list of eligible students to appear in the forthcoming examination to be held in third week of September, 1991; the respondents may also be directed to entertain the admission forms of these students on normal admission fee without recourse to penal charges on account of delay which has not been caused on account of the petitioner but the boot being on the other side of the leg, penal charges may also be waived off. Any other relief which may be deemed just, appropriate and equitable may also be granted to the petitioner."

3. In the report and parawise comments filed by the respondents, it has been stated that the petitioner has been running the college illegally and without any registration contrary to Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984 or Rules framed thereunder. It has further stated that as a special measure taking lenient view of the matter and in order to avoid any hardship to the students, the Government allowed the students studying in 14 institutions including the college of the petitioner to appear in the PTC/CT examinations but this permission which was granted vide memorandum dated 30th of June, 1990 was limited to the specified number of students mentioned in the list annexed therewith and any other students can claim no such right.

4. The learned counsel for the petitioner in support of this petition has submitted that there is no rational basis for allowing the students of the morning shift to take the examination and to refuse such permission in case of students of evening classes. The learned counsel, however, unable to point out any law under which the students belonging to an unrecognised institution like the petitioner can claim any right to appear in the examination.

5. The learned Add]. Advocate‑General of Punjab, on the basis of record has pointed out that as a result of the survey conducted by the respondents, 220 male and 155 female students were allowed to take the examinations but 395 forms in excess of permitted limit have been submitted by the petitioner.

6. It emerges from the respective contentions of the parties and perusal of the record that only application for registration which the petitioner filed was returned by respondent No.3 on the ground that he was not competent to receive the said application. Thereafter regular application for registration was never presented to any other authority. The contention of learned counsel for the petitioner that discriminatory treatment has been meted out to the student studying in the evening classes of the institution of the petitioner has no force. It is evident from the perusal of the record relied upon by the petitioner that the Government had as a special measure allowed, the students of institutions mentioned therein to take the PTC examinations in the said memorandum. This was more a matter of grace an expediency inasmuch there is no law which authorised to Government to pass such order. This permission was granted subject to certain conditions and only to the number of students/candidates indicated in the list attached, which in the case of the petitioner, was for PTC examination 220 males 155 females and for CT examination 85 males and 39 females respectively. There is nothing on the record to show that at that time the petitioner was holding evening classes also or that some students have been admitted for the evening shift. The question of discrimination, therefore, does not arise. The petitioner has absolutely no right to insist that the students in excess of the specified number be allowed to take examinations. The respondents are however, under an obligation to allow the number of students mentioned in the list to appear in the examinations and their result cannot be withheld. The petition stands disposed of in the above terms. No order as to costs. AA./K‑28/L Order accordingly.