SHAUKAT AZIZ SIDDIQUI, J.---Petitioner invoked the constitutional jurisdiction of this Court by way of filing instant writ petition with the following prayer: "In view of the above, it is most respectfully prayed that the unreasonable fine of Rs.167,700/- imposed on the petitioner by the respondents be declared unlawful, unfair and the respondents be directed to allow the petitioner to file the corrected copy of her thesis hence respondents be directed to issue the petitioner's degree.
It is further prayed that the interim relief till the final disposal of this Writ Petition may kindly be granted to the petitioner, therefore, the petitioner be allowed to submit her final corrected copy of thesis and the respondents be directed to receive the same.
Any other relief that this Hon'ble Court deems fit and proper may be granted to the petitioner."
2. AND presented following facts; Petitioner was a student of MBA at respondent University and she had passed all the subjects with a CGPA 2.88 and in this regard a Marks Sheet was also issued to her on 5-9-2005. In February, 2006, petitioner submitted synopsis of her MBA's thesis, followed by thesis in July, 2006, much before the deadline for submission of thesis i.e. December, 2006, which was returned to petitioner with the suggestions to make some amendments and alterations in the same. In August, 2006 petitioner got married and due to domestic responsibilities, she could not submit the copy of corrected thesis within stipulated time. Later on, when she went to submit corrected copy of thesis, she was told that the time had elapsed. In September, 2007, petitioner after meeting with respondent No.2, filed an application for submission of corrected copy of thesis. After that the petitioner contacted respondents several times to know about the fate of her application but she was told that the same was pending before Academic Council. In January 2010, petitioner came to know that the respondents accepted her application by imposing a fine of informed that the fine was imposed by using the following formula as under: January 2006 (Semester) Rs.8600/- July 2006 (Semester) Rs.8600/- January 2007 (Semester) Rs.21,500/- July 2007 (Semester) Rs.21,500/- January 2008 (Semester) . Rs.21,500/- July 2008 (Semester) Rs.21,500/- January 2009 (Semester) Rs.21,500/- July 2009 (Semester) Rs.21,500/- January 2010 (Semester) Rs.21,500/- Total: Nine (9) Semesters Total. Rs.167 700/- Petitioner sent a legal notice to respondents contending therein that fine imposed is illegal, unfair but in vain. Being aggrieved, petitioner filed the instant writ petition.
3. Learned counsel for petitioner argued that total fee for all the semesters of MBA is approximately Rs.1,26,000/- but the fine for late submission of thesis was imposed upon petitioner as Rs.1,67,700/-.
The first two semesters i.e. January 2006 and July, 2006, mentioned in formula were the time period for submission of thesis and petitioner submitted her thesis much before the deadline that was December, 2006 but could not submit corrected copy of thesis within the stipulated period.
However, petitioner contacted the respondents for submission of corrected thesis in September, 2007 and since then petitioner was waiting for decision of respondents on the application submitted by petitioner. The delay in taking decision on application of petitioner is respondent's fault. He has prayed that the fine imposed by the respondents may be declared illegal, unlawful and unfair and petitioner may be allowed to submit corrected copy of thesis.
4. Conversely, learned counsel for respondents submitted that petitioner is estopped by her words and conduct to file the instant petition. She has given undertaking at the time of admission that she would abide by all rules/regulations of the University and would not challenge them in Court of Law; therefore, she is precluded to prosecute the instant writ petition. Learned counsel further submits that instant writ Learned counsel further argued that an amount of Rs.1,67,700 demanded by University is not a fine but are dues in the light of policy envisaged by the Academic Council, enabling petitioner to submit her thesis and meet the requirement for obtaining MBA Degree but there is no compulsion for petitioner to deposit the same amount, she has an option to get transferred her credits hours to any other institution to obtain the degree. Learned counsel further added that matter relates to factual controversy, which cannot be resolved by invoking the constitutional jurisdiction of this Court.
I have heard the learned counsel for the parties and perused the record.
5. It is well settled law with the mandate of the dictums of the superior courts of the country that persons on the helm of affairs of Educational Institutions are expected to extend parental dealings to the students and must not show any sort of hostility and ill will, which may ruin the educational career of any student. Reasonableness and rationale are the condition precedents to any order passed by the authority. I am convinced that fine of Rs.167,700/- is too harsh and against the ordinary prudence and if it is considered as dues, even then there is no justification whatsoever, to demand such a huge amount, as admittedly, institution did not provide any assistance, render any service and part any education against this amount. The rules of the institute are also silent on the subject. In the situations like in hand, invoking of penal provision if any, is always symbolic and not with commercial approach.
6. In this view of the matter, I allow the instant petition with a consequence of issuing writ with the direction that respondent may demand any meager amount for the delayed submission of thesis which under no circumstance exceed Rs.10,000 and on receipt of same, further process of award of decree to the petitioner may be completed.