1996 PLP 1099 (MLD)

Akhtar Mahmood Khan for Respondents. Date of hearing: 14th January 1996. Shehla Rubab is a student of B.Sc. final/4th year in Government Degree College for Women, D.G. Khan. At her request she was allowed to reside in the hostel under the administrative control of the Principal as well as the Warden Girls Hostel/respondents Nos. l and

2. On 7-10-1995 she is said to have received a message about the ailment of her mother through one Muhammad Arif with whom her Nikah is said to have been performed. She made the application on 7-10-1995 to leave the hostel for her home wherein she mentioned that she wanted to accompany her cousin to perform some piece of work. She was not allowed. However, she left the hostel and returned on 9-10-1995. The Principal and the Hostel Committee took an exception to her conduct and on 9-10-1995 expelled her from the hostel on the charges of misconduct and violation of hostel rules and regulations.

2. Feeling aggrieved Shehla Rubab filed the writ petition wherein she challenged the impugned order dated 9-10-1995 about her expulsion from the hostel. According to her the impugned order dated 9-10-1995 is illegal, void as well as unconstitutional. She averred that she had to go to see her ailing mother and that the restrictions on the female students about the free movements could not be placed being against the Constitution of the Islamic Republic of Pakistan. She pleaded that the restrictions on the female students were that of discriminatory nature and that the order in the matter could not be followed by her.

3. The petitioner was granted the temporary relief and the impugned order dated 9-10-1995 was suspended subject to notice.

4. The comments were called from the Principal, Government Degree College for Women, D.G. Khan, which have been received and added to the file, The Principal has expressed that the conduct of Shehla Rubab was objectionable who left the hostel with a male person without the permission of the warden of the hostel and also did not contact her (Principal). It is narrated therein that the petitioner remained as a day scholar while she was a student of 3rd year. She expressed that the petitioner had not given the list of the male persons along with the photostats of the National Identity Cards who could contact her'. She also expounded about the moral and ethic values in an Islamic Society regarding the female college students.

5. The matter is at the motion stage. However, the same has been contested by the respondents and I proceed to dispose of the same in accordance with law. I have heard the learned counsel for the parties and gone through the record before me. The main contention of the learned counsel for the petitioner is that the petitioner had to leave the place alongwith her husband Muhammad Arif with whom her Nikah had been performed but the Rukhsati had not taken place as she had to go to her home to see her ailing mother. He has also raised the contention that due to the conduct of the Hostel Warden the petitioner had no option but to leave to see her ailing mother. He added that a small period of academic year remains and that it would be very difficult for the writ petitioner to live out of hostel of the college. Learned counsel for the respondents argued that according to the rules and regulations for the hostel students mentioned in "the prospectus of Government Degree College for Women, D.G. Khan, the resident students of the hostel could not leave without the permission of the Warden and that also with a lapse of 15 days. He also expounded the moral aspect of the matter as has been mentioned in the comments sent by the Principal of the College. My view is that the only point which has to steal the eminence for the purpose of the disposal of this matter is as to whether Shehla Rubab obtained the permission from the Hostel Warden and as to whether she could leave the hostel without her permission. The factual aspect of the matter is that she submitted the application before the Hostel Warden wherein she expressed that she yeas accompanying her cousin to perform some urgent piece of work. She did not obtain the written or verbal permission from the Hostel Warden. It means that she left the hostel without the permission of the Hostel Warden and thus violated the rules and regulations mentioned in the prospectus of the Government Degree College for Women, D.G.Khan, for, the year 1995-96 which forms part of this file. In this view of the matter the Principal as well as the Hostel Committee were well within the legal rights to consider the conduct of this petitioner who did not mention in her application that she was going to her home to see her ailing mother. The Nikah of Shehla Rubab according to her own stand has been performed with Muhammad Arif. However, this aspect of the matter is not enough to exonerate her of her liability to follow the rules and regulations of the Hostel of the College. Without permission of the Hostel Warden or that of the Principal she could not leave the premises on any ground. She is a student. Muss fuss is emanating about the destruction of the texture of the society. The same cannot be maintained without discipline. The Educational Institutions are the first step to inculcate the discipline in the citizens. An indisciplined society cannot prosper. The Father of the Nation has given the golden motto of Discipline, Faith and Unity. It can safely be expressed that if there is no discipline there cannot be faith and unity in a nation. Shehla Rubab adopted an. attitude which not only offends the rules and regulations of the College the same is also against ethic. She has herself created the present situation. The assertion raised by her that no restrictions can be placed on the free movements of the students being against the Constitution of the Islamic Republic of Pakistan has failed to touch my sense of appreciation. In this regard suffice it to express that where there are rights there are duties/obligations. The females cannot be allowed to move freely as desired and required by Shehla Rubab petitioner. For every department and Institution there are the rules and regulations and the members have to travel within the four corners of the same. In this view of the matter, no Constitutional right of Shehla Rubab petitioner has been violated. The Principal, Government Degree College for Women, D.G. Khan is a responsible public servant and it is her duty to maintain the discipline in her institution within the provisions of the rules and regulations. Rather her responsibility is much more than the Principal of some Degree College for Men. In this view of the matter no exception can be taken to the order passed by the Principal and the Hostel Committee about the expulsion of Shehla Rubab' petitioner from the hostel.

6. For what has been said above, I hold that no Constitutional right of Shehla Rubab petitioner has been infringed and/or violated. Finding no force in this writ petition I dismiss the same. Shehla Rubab petitioner is a college student and taking this aspect of the matter I do not burden her with costs and leave the parties to bear their own costs. A.A./S-502/L Petition dismissed.