IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D–784 of 2021

 

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

                                  

1.    For orders on O/objection at flag-A.

2.    For hearing of CMA No.3538/21

3.    For hearing of main case.

 

 

 

    

01.06.2021

 

 

Mr. Ali Raza Balouch Advocate for petitioners.

 

Mr. Mehboob Ali Wassan AAG.

Mureed Hussain Registrar, Muhammad Hassan Constroller Examination and Nazeer Ahmed Inspector of Colleges Shah Abdul Latif University, Khairpur.

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                             O R D E R

 

 

AFTAB AHMED GORAR, J;    Petitioners in captioned petition sought issuance of directions to the respondents to conduct their examinations for their respective year of study of 05 years B.A., LLB program without any further delay.

 

2.     Notices were issued to the respondents. On 27.05.2021, Advocate Manzoor Hussain “N” Larik, appeared on behalf of respondents No.3 and 5 and filed circular covered by statement. Registrar Shah Abdul Latif University did not appear and BWs in the sum of Rs.50,000/- were ordered to be issued against him. Today Mr. Aumir Abbas Mangi, Advocate files Vakalatnama on behalf of respondents 3 to 5 and 8 along with comments. In reply of comments, it is articulated that since the Covid-19 broke-out and restrictions were imposed not only in Pakistan but across the world due to which education section affected severely. The respondents also ensured that examinations will be held according to the schedule attached as annexure-C&D. The respondent No.4 Controller Examination, Shah Abdul Latif University, Khairpur also files undertaking wherein he has categorically stated that annual examination for the academic years, 2018-19 will be conducted twice in a year to cover such delay. The para-2 of undertaking filed by respondent No.4 is being re-produced as under;

 

The “Examination of BA, LLB Five years program and BA, LLB Part-I, II and (III) (three years program) (fresh, failure and rest of the annual examination academic year, 2018 and 2019) will be conducted twice in a year to cover delay the annual session gape incurred due to long prevalence of Covid-19 pandemic.

 

3.     On the undertaking given by respondent No.4, the Counsel for petitioners while expressing his satisfaction gave his consent and seeks disposal of instant petition.

 

4.     In view of above and by consent of the Counsel for parties in attendance, instant petition stands disposed of along with listed pending applications. However, Registrar and Controller, Shah Abdul Latif University, Khairpur are directed to conduct the examination of the petitioners for their respective years of study of 05 years, BA, LLB program without any further delay in terms of para-2 of the undertaking given by respondent No.4, as referred to above.

 

5.     On the last date of hearing, Registrar Shah Abdul Latif University, Khairpur remained absent and BWs were ordered to be issued against him. Today Registrar, SALU present in court states that he was not reluctant to appear before this Court but he was not properly informed about hearing of the petition. He voluntarily offered to tender unconditional apology which is hereby accepted. BWs stands vacated. He is warned to be careful in future.

 

6.     Before parting with the case, it is very much essential to note that on the last date of hearing i.e. 27.05.2021, Counsel for respondents/University Mr. Manzoor Hussain “N” Larik after getting date from the Court, he issued serious threats to the petitioners/students in corridor of this Court for their expel from the University, to which Counsel for petitioners informed the Court such facts as such Mr. Larik apparently committed act of professional misconduct by using abusive language and provoked the students and tried to ruin the academic career of the students. Counsel for petitioners was directed to file such affidavits of petitioners/students on the next date. Today, Mr. Ali Raza Balouch, Counsel for petitioners files respective affidavits of the petitioners/students under the statement wherein the petitioners have stated in clear terms that on 27th May, 2021 soon after the hearing, when they stood outside the Court room, in the corridor, the Advocate for the University representing the Vice Chancellor, Registrar and Controller of examination Mr. Manzoor Hussain “N” Larik who is also Dean of faculty of Law, extended serious threats to them which includes that they will not get their degrees at any cost now and they will be strayed/disturbed throughout their degree program/exams. The petitioners then appeared before the Court along with their Counsel disclosed these facts to the Court. In the existing position of affairs, we direct Chairman Sindh Bar Council to probe into the matter and submit such report to this Court through Additional Registrar. In the meanwhile,                Mr. Manzoor Hussain “N” Larik, Advocate is restrained not to appear before High Courts as well as sub-ordinate Courts, till final decision of Sindh Bar Council.

 

                                                                                                     J U D G E

 

                                                                                J U D G E

 

Ihsan.