By filing instant writ petition, the petitioner has made following supplication: "... instant writ petition may kindly be allowed and setting aside the impugned orders dated 14.05.2019 & 29.05.2019 issued by Respondents No. 3 & 4 and impugned enquiry report dated 23.05.2019 submitted by Respondent No. 5 being illegal, against law and facts without lawful authority and jurisdiction) and the registration of petitioner may kindly be restored for the larger interest of justice."
2. During the course of verbal submissions, learned counsel for petitioner has conceded that under Section 10 of the Private Schools Registration Ordinance, 2015 right of appeal is available before Respondent No. 2 against the orders passed by Respondent No. 5 impugned herein and so far the petitioner has not availed such remedy .
Further submits that the petitioner will be satisfied if instant writ petition is sent to the Respondent No. 2 to treat it as an appeal of petitioner and ensure its swift decision.
3. Heard.
4. In case "Mian Asghar Ali versus Government of Punjab through Secretary (Colonies) BOR, Lahore and others"
(2017 SCMR 118) it was held that High Court/Supreme Court can convert and treat one type of proceedings into another and may remit the lis to the Court/forum/authority of competent jurisdiction for decision of the lis on its own merits.
The request being genuine is acceded to and the writ petition is disposed of with the direction to the office to send copy of this writ petition alongwith all its annexures, on the expenses of petitioner , to the Commissioner , Multan Division, Multan (Respondent No. 2), who shall treat it as appeal of petitioner and ensure its decision at the earliest, preferably within thirty days from the date of receipt of order of this Court, in accordance with law/rules/notifications issued by Compete nt authority , principles of natural justice and equity by passing a speaking order , after affording the petitioner and all concerned an opportunity of the hearing as envisaged under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.
5. The petitioner is directed to appear before Respondent No. 2 on 18.06.2019. Subject to notice, the operation of impugned orders is suspended in the meanwhile. From the above date and onward Respondent No. 2 shall regulate, extend, modify or vacate the ad-interim injunction strictly in accordance with law after affording right of audience to the petitioner .