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K.L.R. 1998 Civil Cases 131

MUHAMMAD SHAFIQ-UR-REHMAN vs D.L.R, Etc.

CitationK.L.R. 1998 Civil Cases 131
CourtLahore High Court
Case No.W.P. No. 6322 of 1997
Date1997-03-24
Judge(s)Karamat Nazir Bhandari
ResultN/A

ORDER

K.N. BHANDARI, J.- This order will dispose of Writ Petitions No. 6322, 6422. 6423, 6432, 6447, 6452, 6453, 6459, 6461,.64^3, 6479,,6482, 6483, 6484, 6485, 6486, 6487, 6489, 6498, 6499, 6502, 6504, 6509, 6512, 6513, 6519, 6523. 6542, 6639, 6677, 6880, 6876, 6877, 6576-6633, 6577, 6879, 6711, 6620, 6881, 6882, 6679, 6692, 6635, 6883, 6884, 6697, 6632, 6885, 6886, ,6671, 6662, 6558, 6887, 6634, 6708, 6888, 6889, 6557 6559, 6680, 6897. 6915, 6579, 6629, 6924, 6694, 6584, 6928, 6930, 6698, 6931, 6937, 6961, 6580, 6748, 6962, 6710, 6709, 6964, 6636, 6638, 6971, 6977, 6563, 6979, 6716, 6981, 6982, 6983, 6987, 6560, 6732. 6623, 7000, 7004, 7005, 7006, 7007, 7010, 7011, 7012, 7013, 7023, 7014. 7430, 7402, 7401, 7400, 7399, 7409, 7408, 7410, 7353, 7349. 7407, 7398, 7397, 7796, 7395, 7406, 7405, 7404, 7384, 7394, 7381. 7393, 7274, 7375, 7373, 7376, 7377, 7378, 7371. 7369. 7379-. 7380, 7383, 7385, 7383, 7387, 7386, 7378, 7390, 7389, 7391, 7392, 7438, 7439, 7440. 7441, 7442, 7443, 7437, 7436, 7435, 7434, 7433, 7432, 7431, 7430.7451, 7450, 7449, 7448, 7447, 7446, 7445, 7474, 7417, 7423, 7424, 7425, 7426, 7427, 7428, 7429, 7422, 7453, 7452, 7421, 7418, 7419, 7420, 7262, 7274. 7275, 7270. 7243, 7280, 7281, 7282, 7337, 7272, 7348, 7453, 7356, 7255, 7249, 7340, 7250, 7370, 7369, 7307, 7309, 7297, 7338, 7392, 7284, 7290, 7344, 7316, 7279, 7233,7261, 7322, 7319, 7269, 7286, 7291, 7271,7341, 7346, 7345, 7315, 7306. 7354. 7336, 7333, 7293, 7260, 7080, 7079, 7088, 7053, 7066, 7071, 7064, 7091, 7069, 7072, 7072, 7068, 7067, 7033, 7162, 7063, 7065, 7185. 7114, 7214, 7193, 7192, 7219, 7140, 7141, 7139, 7137, 7188, 7185, 7178, 7189, 7079, 7169, 7013, 7030, 7136, 7135,. 7134, 7198, 7194, 7190,'7115, 7124, 5155, 7125, 7130, 7108, 7111, 7226, 7149, 7127, 7184, 7187, 7167, 7143, 7047, 7122. 7064, 7175, 7745, 7225, 7051, 7089, 7035. 7032, 7093, 7105, 7006, 7104, 7172, 7052, 7094, 7095, 6778, 6779, 6785, 6786, 6787, 6788 6789, 6801, 6810, 6811, 6812, 6813, 6820, 6831, 6832, 6840, 6844, 6846, 6848, in which reports etc. Had been called and W.P. No. 7607, 7470, 7468, 7466, 7475, 7476, 7473, 7471, 7498, 7477, 7469, 7617, 7616, 7605, 7562, 7566, 7567, 7611, 7610, 7569, 7725, 7727, 7754, 7755, 7752, 7753, 7762, 7756, 7763, 7763, 7766, 7765, 7767, 7460, 7557, 7758 7759, 7761, 7760, 7757, 7577, 7726, 7663, 7563, 7543, 7535, 7534, 7536, 7575, 7579, 7585, 7584, 7583, 7581, 7548, 7582, 7586, 7578, 7564, 7507, 7511, 7505, 7504, 7506, 7591, 7565, 7571, 7510, 7508, 7509, 7514, 7503, 7516, 7518, 7519, 7512, 7515. 7513, 7517, 7636, 7492, 7495, 7496, 7771, 7773, 7774, 7775, 7776, 7777, 7778, 7485 7488, 7467, 7456, 7457, 7462, 7458, 7461, 7455 7491, 7490, 7525, 7531, 7713, 7692, 7662, 7640, 7721, 7706, 7648, 7629, 7772, 7656, 7653, 7694, 7690, 7687, 7574 7715,'7718, 7714, 7707, 7709, 7710, 7711, 7639. 7642, 7716, 7717, 7768. 7769, 7770, 7612, 7301, 7708, 7720, 7628, 7622, 7719. 7.660, 7576, 7723, 7688, 7673, 7675, 7570, 7731, 7572, 7573, 7736, 7641, 7703, 7505, 7728, 7722. 7712, 7609, 7608, 7613, 7595, 7560, 7593, 7558, 7626, 7621, 7559, 7592, 7606, 7724, .7779, 7781 and 7798, of 1997, fixed today as urgent cases as both set of cases involve same questions.

2. In all these cases the petitioners are desirous of obtaining admission to one or the other Patwar School functioning in the Province of Punjab. According to the petitioners, they were eligible for admission, that they applied to the Authority in time, and that they were declined the admission illegally, inasmuch as, persons of leaser merit were granted admission on extraneous consideration mostly political.

3. In all these petitions subject to the objection of laches, learned Assistant Advocate General, Punjab, was directed to obtain instructions. In today's hearing learned Advocate General, Punjab, as assisted by Mr. Muhammad Amin Lone, Assistant Advocate General, has pointed out that the classes in the schools commenced on 31.10.1996 and the admissions were completed much before that. It is further pointed out that the instructions in the school have, almost been completed to the extent of 75% and even field work is coming to an end on 30th of March, 1997. On the basis of the above facts, learned Advocate General has contended that the petitioners have approached this Court belatedly and irrespective of the fact that seats in the schools may still be available, cannot be granted admission.

4. Learned counsel appeasing on behalf of the petitioners have tried to meet the objection of laches on the ground that the question of laches is immaterial in cases where a writ of mandamus is sought. It is further replied that most of the petitioners are not well versed in intricacies of law and as such a lenient view may be taken in the matter. It is also urged that petitioners' case is at par with number of persons directed to be admitted by this Court vide Judgment dated 13.3.1997 passed in Writ Petition No. 3266 of 1997. According to this judgment the petitions were allowed and respondents were directed to admit. The petitioners, provided they fulfil the eligibility criteria.

5. It is clear that keeping in view the length of the course and the stage at which the instructions in schools have already reached and further the fact that final examination in the schools is scheduled in July, 1997, all these petitioners have approached this Court very late. The admissions were completed before 31.10.1996 and there is no explanation as to why the petitioners waited till middle of March, 1997, to file these petitions. There is no force in the contention that in case of mandamus laches have no relevance. In any case these petitions mandamus will follow after declaring the refusal to admit the petitioners, as without lawful authority. The question of laches, therefore, is very much relevant, particularly in all these cases where the petitioners are seeking admission to schools which have completed almost 3/4 of the courses and the practical training.

Availability of seats is just one consideration but not the decisive one.

6. The case of the petitioners who were directed to be granted admission vide Judgment dated 13.3.1997 is altogether different. They filed their petitions in January/February, 1997 and the cases could not be earlier disposed of because of the calling of reports etc. And hearing of the arguments.- It has not been explained as to what have the petitioners been doing for the last 6/7 months and way all of them have rushed to Court now to obtain admission.

7. For the above reasons, no relief can be provided to these petitioners. Resultantly, all these petitions stand dismissed in limine.

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