CH. IJAZ AHMAD, J. - The petitioner has challenged the vires of the disqualification order passed by the respondents against the petitioner and intimated to him vide letter dated 7.7.2000.
2. Learned counsel for the petitioner submits that action of the respondents is without lawful authority; that the respondents failed to allow the petitioner to produce his defence; that the Discipline Committee decided the case without providing hearing to the petitioner. On- the other hand, learned counsel tor the respondents/Board has raised a preliminary objection that the petitioner has alternate remedy before the respondents under the Rules framed by the board., therefore, the writ petition is not maintainable.
3. I have given anxious consideration to the contentions, of the learned counsel for the parties and perused the record myself.
4. Lt is an-admitted fact that the petitioner has ad alternate remedy to file the appeal against the impugned order before the Appellate Committee, therefore, the writ petition is not maintainable as per the law laid down by the Hon''ble Supreme Court in Muhammad Ismail's case (PLD 19% SC 246).
However, in the interest of justice and fair-play, a copy of the writ petition be sent to the Chairman.
Board of Intermediate & Secondary Education. Bahawalpur Division. Bahawalpur, -who is directed to consider it as an appeal filed by the petitioner against the impugned order and to constitute the appellate Committee to decide the appeal of the petitioner within ten days, after receiving the order of this Court. The petitioner is directed to appear before the appellate Committee on 7.8.2000 at 11.00 a.m. The appellate Committee is directed to decide the appeal of the petitioner on merits and shall not dismiss the same as being time- barred. The petitioner is directed to deposit the prescribed fee for the appeal by or before 5.8.2000. The appellate Committee is directed to decide the appeal of. The petitioner positively within ten days, i.e. by 17.8.2000. The report compliance shall be submitted to the Deputy Registrar (Judicial) of this Court within the stipulated period. Disposed of.