SAFDAR SALEEM SHAHID, J.----This judgment shall govern W.P.Nos.10572 of 2021 and 10365 of 2021 as common question of law and facts are involved.
2. The version taken by the petitioners/students in the instant petitions are that they got admission in Government Decree College Jatoi in the year 2019 as regular students and since then they are getting education from the College. The grievance of the petitioners/ students is that they have already deposited the admission fee/requisite dues being the regular students, with administration of the college, on the instructions of respondent No.5 within time and respondent No.5/ Administration of the college is responsible for the clearance of the petitioners/ students for the up-coming examination schedule to be held on 10.07.2021 but their Roll number slips have not been issued till yet by College Administration and the Board/ respondent No.3, rather , the respondents demanded from the petitioners/ students to deposit the fee/dues at the rate of Rs. 50,000/- as late admission fee. Thus, it is submitted that by accepting these petitions a direction be issued to respondents to issue the Roll number Slips to petitioners/students so-that they could appear in upcoming examination schedule to be herd on 10.07.2021.
3. Learned Legal Adviser entered appearance before this Court on behalf of Board of Intermediate and Secondary Education D.G Khan with the version that if the petitioners/aggrieved students are ready to pay the requisite admission fee as per prescribed rules/ Notification issued by the Punjab Boards of Intermediate and Secondary Education Act, 1976, the Roll number Slips would be issued to the Candidates/aggrieved students.
4. Arguments heard. Record perused.
5. The documents attached with these petitions reveal that petitioners are the regular students of the college and as per their version, they have already deposited requisite fee in the office of the clerk of the college administration on the instructions of respondent No.1 within the prescribed time and it was the duty of the college administration to forward the applications /admission forms along with fee to the board/ respondent No.3 and there was no fault on the part of the students for not depositing the requisite examination fee. The petitioners are the students of the college and they cannot be penalized for the negligence if committed by the college administration. If the official of the college administration had not deposited the fee of the candidates in the office of board within due time, the students/candidates would not be liable for the act/omission done by the college Administration, rather , it is matter between the College Administration and the board. In these circumstances, the petitioners cannot be deprived of their valuable rights to appear in the up-coming examination schedule to be held on 10.07.2021. Record also reveals that after conducting a preliminary inquiry into the matter , three officials of the college administration who were allegedly involved in the alleged embezzlement have already been suspended by 'competent authority . The competent authority after conducting a thorough inquiry into the matter , shall proceed against the delinquent in accordance with law. As per settled principle, the lapse if any committed by the College Administration or Board, the students/ petitioners cannot be penali zed and their future career cannot be left at the mercy of the College and the Board Administration which would definitely ruin the future career of the candidates/petitioners. The impugned action of the respondents, if examined on the touchstone of Article 23 of the Constitution it may be held that fundamental rights enshrined by the Constitution are the most sacred rights which are far above the ordinary rights conferred under the law and thus have special significance and sanctity attached thereto; the importance of these rights can be gauged and spelt out from the provisions of Article 8 of the Cons titution which declares that any prevalent law in consistent with the fundamental rights shall be void. Reliance in this regard is placed on case law reported as "Ch. Muhammad Ishtiaq Advocate v. Cantonment Executive Officer, Chunian District Kasur and another" ( PLD 2009 Lahore 240 ).
6. As a result of above discussion, these petitions are allowed and Chairman Boar d, D.G Khan/respondent No.3 is directed to issue Roll number Slips to the petitioners/students immediately on depositing of ordinary fee by the petitioners/students without imposing any fine or penalty so that they could appear in the up-come examination schedule to be held on 10.07.2021.