ORDER SHEET

C.P.No.D-2460 of 2014

For hearing of CMA-7275/2015

Present:

Mr. Justice Aqeel Ahmed Abbasi &

Mr. Justice Syed Saeeduddin Nasir.

15.09.2015

Mr. Jamshed Ahmed Faiz Advocate along with petitioners.

Mr. Ubedullah Malano Advocate for alleged contemnors along with alleged contemnors Nos.2 and 3.

Mr. Iftikhar Ali Arain for respondent No.4.

Mr. Zulfiqar Ali Sangi, Assistant Advocate General.

O R D E R

AQEEL AHMED ABBASI, J. Above petition was finally disposed of through consent order dated 14.10.2014 in the following terms:

“After hearing the arguments of the learned counsel for the parties at some length, by consent the instant petition is disposed of in the following terms:

i. That the respondent No.3 will send the case of the petitioners to the Review Board for reappraisal and reconsideration specially by critically examining, Migration Certificates and the Matric Certificates (issued by Board of Intermediate and Secondary Education, Bhawalpur) of the petitioners.

ii. That the petitioners are directed to appear before the Review Board. The said Board will pass order after affording an opportunity of hearing to the petitioners.

iii. That the Review Board is directed to decide the matter of the petitioners within one month of the forwarding of the matter to them by the respondent No.3.

iv. That the respondent No.3 would be at liberty to take appropriate action deems fit against the respondent No.4 as required.”

2. After disposal of the above petition, the petitioners filed Contempt application being CMA-1093/2015 on which notices were issued, whereafter the said Contempt Application was also disposed of vide order dated 20.05.2015 in the following terms:

“This matter was heard at length on 14.10.2014 and thereafter with the consent of the parties the matter was disposed of. It was categorically mentioned in the order dated 14.10.2014, vide paragraph No. II, as under:-

II. That the petitioners are directed to appear before the Review Board. The said Board will pass order after affording an opportunity of hearing to the petitioners.

As per the petitioners, the respondents did not comply with the order of the court and thereafter a contempt application was moved. Notice was issued to the alleged contemnors, in response to which, the alleged contemnor/ respondent No.3 appeared and stated that though the order has been passed in compliance of the order passed by this court dated 14.10.2014, but he is ready to decide the case of the petitioners a fresh. Thereafter the respondent No.3 decided the matter of the petitioners afresh vide order dated 19.05.2015. It is noted that the said order has been passed without affording an opportunity of hearing to the petitioners. When the said violation was pointed out to the respondent No.3, he admitted his fault and stated that he is ready to withdraw the said notification dated 19.05.2015 and to pass a fresh order after providing opportunity to the petitioners.

In view of the above, we, dispose of this contempt application by directing the petitioners to appear before the respondent No.3 on 25.05.2015 at 12:00 noon, along with all the relevant documents and material and the respondent No.3 is directed to decide the matter of the petitioners after providing opportunity of hearing to the petitioners in accordance with law and in letter and spirit of the order dated 14.10.2014.

Matter stands disposed of.”

3. Above petitioners being still dissatisfied with the conduct of the respondents filed another Contempt Application i.e. CMA-7275/2015 alleging therein that in spite of specific directions of this Court in para 1 of the order dated 14.10.2014, the alleged contemnors have passed an order dated 23.07.2015 in violation of such directions, by raising flimsy grounds with an attempt to destroy the academic career of the petitioners and to deprive them their fundamental right to acquire education. Notices were issued to the respondents i.e. alleged contemnors, in response to which they have filed their reply, whereas, the learned counsel for the alleged contemnors has supported the impugned order dated 23.07.2015 passed by the Controller of Examinations in respect of both the petitioners and submits that since the petitioners obtained admission in the college without submitting relevant required documents, therefore, their provisional admission in the college and subsequent registration and examination was illegal. It has been further argued that after scrutiny it has been found that petitioners had obtained admission on the basis of forged marks sheets issued from Hyderabad and Karachi Board, whereas, they appeared in SSC examinations from Bhawalpur Board. Per learned counsel, it has been resolved that result of both the petitioners be quashed under rule 22 of the relevant rules.

4. Such contention of the learned counsel for alleged contemnors is vehemently denied by learned counsel for the petitioners who submits that petitioners have sought admission on the basis of their Matric (SSC) Certificates and Migration Certificates from Bhawalpur Board, which fact has duly been verified by respondent No.4, therefore, such contention of alleged contemnors is false and contrary to record.

5. We have heard the learned counsel for the parties and perused the record as well as the earlier orders passed by a Division Bench of this Court in the instant case.

Since instant petition has already been disposed of by consent of the parties vide order dated 14.10.2014, we would not re-examine the controversy involved in the instant petition, and would only examine as to whether the consent order passed by this Court in the instant petition has been complied with in letter and spirit by the alleged contemnors or not. From perusal of order dated 14.10.2014, it is clear that respondent No.3 Controller of Examinations, Board of Intermediate and Secondary Education (BISE), Sukkur, was directed to send the case of the petitioners to Review Board for re-consideration by critically examining Migration Certificates and Matric certificates (issued by BISE, Bhawalpur) in respect of the petitioners, whereas, petitioners were directed to appear before the Review Board, and the Board was directed to pass appropriate orders after providing an opportunity of being heard to the petitioners. Further directions were issued to the Review Board to decide the matter of the petitioners within one week from the date of the consent order. However, record shows that instead of complying with the specific directions of this Court, the respondents/alleged contemnors issued a notification dated 19.05.2015 wherein it was held that since the petitioners have managed bogus Marks Certificate by BISE, Mirpur Khas and BISE, Karachi, therefore, they were not entitled to seek admission in Government Jam Mumtaz Hussain Dahar Degree College, Ubauro. Since the petitioners were not provided opportunity of being heard while issuing above notification, in spite of specific directions of this Court, the petitioners filed Contempt Application being CMA-1093/2015 which Contempt Application was disposed of vide order dated 20.5.2015 with the direction to petitioners to appear before respondent No.3 Controller of Examinations on 25.05.2015 at 12-00 noon along with all the relevant documents and material and the respondent No.3 was directed to decide the matter of the petitioners after providing an opportunity of being heard, in accordance with law and in letter and spirit of order dated 14.10.2014. The respondent No.3 instead of passing an order by keeping in view the specific directions by this Court as referred to hereinabove, has passed yet another order dated 23.07.2015, wherein, by referring to irrelevant facts and purported rules relating to admission and enrolment of students in HSC-I, it has been held that since the petitioners already took admission in HSC-I in Sadiqabad and Bhawalpur respectively, whereas, the Migration Certificates of BISE, Bhawalpur were applicable for getting admission at HSC-II for Annual Examination of 2013 or thereafter, therefore, the admission of the petitioners in HSC-I for the year 2012 was illegal. Such conclusion by the respondents besides being misconceived is also contrary to facts and record. It is regretted to observe that in spite of a consent order having been passed by this Court on 14.10.2014 with specific directions to the respondents i.e. alleged contemnors to verify the Marks Sheets of SSC and Migration Certificates of both the petitioners issued by BISE, Bhawalpur, how the alleged contemnors have travelled beyond the mandate of the consent order passed by this Court on 14.10.2014, with an attempt to create confusion with regard to eligibility of the petitioners to take admission in HSC-I on the basis of Matric Certificate/Marks Sheet and the Migration Certificate issued by BISE, Bhawalpur. From perusal of documents submitted by the respondents themselves, it has come on record that verification of the aforesaid documents in respect of the petitioners was sought by the respondents from the BISE, Bhawalpur regarding correctness of the aforesaid documents in response, the BISE, Bhawalpur vide their letter No.5919/Record dated 28.10.2014 and letter No.6213/Record dated 13.11.2014 have verified both the subject documents in respect of both the petitioner to be correct and genuine and have also supplied the duly verified copies of such documents to the respondents. There remains no ambiguity with regard to genuineness of Matric certificate and Migration certificates as well as the claim of the petitioners in compliance of the directions of this Court as contained in order dated 14.10.2014, therefore, still withholding the result of the petitioners of HSC-II by the respondents on the basis of frivolous allegations appears to be based on mala fides, and an attempt to frustrate and defy the specific directions of this Court as referred to hereinabove.

6. In view of hereinabove facts and circumstances of the case, we are of the opinion that no adverse inference can be drawn, at this stage, on the claim of petitioners in respect of their admission in Government Jam Mumtaz Hussain Dahar Degree College, Ubauro, particularly, after their enrolment for examination by the respondents and their appearance in the Annual Examinations of HSC-I, and HSC-II, especially when their educational documents i.e. SSC certificate/ Marks Sheet and Migration Certificate issued by the BISE, Bhawalpur have duly been verified and found to be correct and genuine. Accordingly while taking lenient view, and without initiating contempt proceedings against the alleged contemnors who have issued the impugned notification dated 23.07.2015, with an attempt to destroy the academic career of the petitioners one of whom has reportedly taken admission in Baqai Medical College after making payment of huge money on self-finance basis, we would direct the respondents to announce the result of the petitioners of HSC-I and HSC-II, which was illegally withheld, within a period of seven days from the date of receipt of this order and shall submit compliance report to this Court through Additional Registrar of this Court, within 15 days from this order.

Contempt Application CMA-7275/2015 stands disposed of in the above terms.

JUDGE

N.M.