This Intra Court Appeal has been preferred under Section 3 of Law Reforms Ordinance, 1972 against the order dated 07.0,5.2015 passed by learned single Judge in Chamber whereby Writ Petit 'on No. 5964 of 2015 filed by the respondents for issuance of direction to present appellants to issue roll number slips to the present respondents for Annual Examination, 2015 was disposed of.
2. Succinctly, the facts of the case are that the respondents filed writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for seeking direction to issue roll number slips to the present respondents and grant them permission to appear in annual examination scheduled to be held in August, 2015. The learned Single Judge in Chamber while disposing of the writ petition observed as under:-- "In view of above, this Court is directed to Respondents No. 3 & 4 to issue roll number slips to the petitioners, provisionally/conditionally subject to the decision of appeal pending before Respondent No. 1 and allow the petitioners to appear in the forthcoming examination. Of Pharmacy Professional on 12.08.2015."
3. The appellant-University being dissatisfied with the said order has file this Intra Court Appeal for setting-aside the impugned order dated 07.08.2015 passed by learned Single Judge in Chamber.
4. Learned counsel for the appellants has contended that the learned Single Judge in Chamber has erred in law while holding that the appeal of the respondents is pending before Chancellor but neither such appeal was filed by the respondents nor the same is pending before Appellant No.
1. Further contended that the learned Single Judge in Chamber ignored the material facts and also failed to consider relevant rules and regulations, which is illegal and not sustainable in the eyes of law and prayed for acceptance of instant Intra Court Appeal.
5. On the other hand learned counsel for respondents have strongly opposed this appeal and has contended that due to harsh attitude of the appellants, educational career of the respondents is at stake and prayed for rejection of Intra Court Appeal.
6. We have heard the arguments advanced by learned counsel for the parties and perused the available record.
7. The application/appeal filed by the respondents dated 05.08.2015 for relaxation of attendance from 70-75% is available on the record as Annex-D/1 of the writ petition. Learned Single Judge in Chamber has rightly observed that it would be appropriate, if fair opportunity is provided to the respondents to appear in examination conditionally and directed Appellant No. 1 to consider the aforesaid appeal of the respondents while exercising parental jurisdiction in transparent manner but no order has been -passed on the aforesaid application/appeal of the respondents. Learned counsel for the appellants has assailed the legality of impugned order dated 07.08.2015 on the ground that no such application/appeal was filed before Respondent No. 1 but the record speaks otherwise.
8. Section 3(2) of the Law Reforms Ordinance, 1972 bars the right of appeal, which reads as under:- "the appeal referred to in this sub-section shall not be available or competent if the application brought before High Court under Article 2[199] arises out of any proceedings in which the law applicable, provided for at least one appeal 3[or one revision or one review] to any Court, Tribunal or authority against the original order."
9. Learned counsel for the appellants has failed to point out any illegality or infirmity in the impugned order passed by learned Single Judge in Chamber which is in accordance with law, the appeal in hand is without any merit, the same stands dismissed in limini. However, Appellants No. 1 to 4 are directed to issue roll number slips to the respondents provisionally/conditionally subject to the decision of appeal pending before Appellant No. 1 and allow them to appear in annual examination of Pharmacy Professional scheduled to be held in August 2015.