Draft of C.P for WCHS Public School

     IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.               /2017

WCHS Public School.        ………….                         ……       Petitioner.

VERSUS

Province of Sindh & Ors…          ………..            ….….     Respondents.

I N D E X

S.	DESCRIPTION OF DOCUMENTS	DATE	PAGE NO. FROM: TO
1.	Memo. Of Petition alongwith affidavit
2.	Copy of Registration Certificate & Resolution of Board of Directors - Annexure P & P1
3.	Copy of Registration Certificates of school - Annexure P2 & P3
4.	Copy of worksheet showing strength of students, Copy of application for registration alongwith enclosures & Ordinance 2001 - Annexure P4, P5 & P6
5.	Copy of letter dated 17-07-2017 and its reply dated 25-07-2017 - Annexure P7 & P8.
6.	Copy of letter of principal dated 26-08-2017 & letter dated 11-08-2017 - Annexure P9 & P10.
7	Copy of letter dated 26-08-2017 - Annexure P11.
7.	Copy of work sheet of students taking 25% discount - Annexure P 12)
8.	Application for Exemption from filing original copies.
9.	Application for urgent hearing along with affidavit
10	Application under order 39 rule 1 & 2 & affidavit
11.	Vakalatnama

Karachi.                                                 

Dated:                                                   Advocate for Petitioner

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.               /2017

WCHS Public School

Through Honorary Joint Secretary,

Works Co-operative Housing Society,

having office at No; B-44, Block-8,

Gulshan Iqbal, Karachi.                ………….                                Petitioner.

V E R S U S

1.              Province of Sindh,

Through Secretary Education & Literacy Department,

Government of Sindh, Sindh Secretariat

Karachi.

2.              Director General

Directorate of Inspection & Registration of Private Institutions Sindh School Education Department,Government of Sindh, Karachi, Office at Ground Floor, Government College For Women, Shahrah Liaqat, Burns Road, Saddar, Karachi.

3.              A S Simair S/O Not known,

Deputy Director (inspection) & Chairman f the Committee Constituted to enquire WCHS Public School, having office at ground floor, Government College For Women, Shahrah Liaqat, Burns Road, Saddar, Karachi.   ……………                                            ……….     RESPONDENTS

PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF PAKISTAN

The petitioner respectfully submits as under:

1.              That the petitioner is representing to a school - WCHS Public School, and he is Honorary Secretary of Works Cooperative Housing Society Karachi. He has been delegated authority through joint resolution of board of directors to represent & to file this petition. (Copy of registration Certificate of Society & Resolution of Board of Directors is attached herewith as Annexure P & P1).

2.              That WCHS PUBLIC SCHOOL is a registered school of education for grades - Play group to “O” level and is also affiliated to Cambridge International Schools & British Council Pakistan. It is established since 2011, under the Sindh private Educational institutions (Regulation & control) Ordinance 2001. Further, it is progressing under administrative control and management of Works Cooperative Housing Society Karachi, under provision of its byelaws. Purpose to establish subject school is to carry on social & educational work for the benefits of members also. (Copy of Registration Certificates of school are attached herewith as Annexure P2 & P3).

3.              That, at present, total 198 students are studying in different classes at said school and there is nothing on record of petitioner also, that contravention of any of provision of the Sindh private Educational institutions (Regulation & control) Ordinance 2001, rules or term or condition of certificate of registration is made. It is evident from the fact - Just three months back i.e on 19-04-2017, the respondent / authorities had granted certificate of registration upon completion of all requirements & upon recommendations of inspection committee constituted by respondents for registration. (Copy of worksheet showing strength of students who are studying at present, Copy of application alongwith enclosures & Ordinance 2001- down loaded from net are attached herewith as Annexure P4, P5 & P6]

4.              On 17-07-2017, the conflict of interests aroused, when the respondent No: 02, sent a letter to school / petitioner. This letter was not sent in good faith and it was intended to accommodate a student for New Admission – namely Z Shah S/O S Shah. The said student is not a poor or a person of disadvantaged sector of society, but he is very influential & also a near relative of a Political figure. Contents of letter dated 17-07-2017, are reproduced here under for kind consideration and copy of letter dated 17-07-2017 is also attached herewith as Annexure P7].

“I am recommending 50% concession in Admission & Tuition Fee of S Shah S/O S Shah class VII studying in your prestigious institution. You are therefore requested to allow 50% concession in Admission & Tuition Fee on merit as a special Case.”

5.              That thereafter the petitioner had preferred not to honour for the reason to give meritless / undue favor and had replied / responded vide letter No; WCHS/School-BL4/G.J/GR-18/2021, dated 25-July-2017. [Copy of Reply/ letter dated 25-July-2017 is attached herewith as annexure P8].

6.              That, thereafter the respondent No; 02 was pressurizing & had threaten to cancel the registration of school, in case his letter dated 17-07-2017 is not honored & the said S A Shah is not given admission in contravention of schools rules & regulations & admission policy.

7.              That in continuation above stated unlawful pressure tactics & threats of misuse of office authority for personal / political interests, the respondent No: 03, visited the school on 26-08-2017 and delivered personally a letter dated 11-08-2017. During his visit he warned with harsh words to principal for giving admission to said student & honor the unlawful demands of respondent No; 02. Thereon the principal of school / petitioner updated & forwarded the incident to board of Directors of petitioner’ management / society as under: [Copy of letter of principal & letter dated 11-08-2017 issued by respondent No: 02 is attached herewith as Annexure P9 & P10]

“This is to bring to your kind notice that Mr. A S Simair Deputy Director (Inspection) visited the school on Saturday i.e August 26, 2017 and inquired about the admission of Master Z. He mentioned to give respect to the letter of Mr. Mansoob Siddiqui Director General of Education and literacy department, he also mentioned that it has to be done by Monday else the inspection team will come and inquiry about the attached TORs in detail. If instruction not followed regarding admission it may result in cancelation of registration”.

8.              That thereafter the Board of Directors of the society allowed to go into the enquiry purportedly based on certain complaint of principal of school. However the respondent No; 02, did not served any application / letter of complaint, upon basis of what, he had initiated inspection. But the society wished to include letter of respondent No-2, dated 17.07.2017 and reply thereto by the society dated 25.07.2017 as the part of TOR for enquiry. On the other hand petitioner also informed Respondent No.2 to proceed with enquiry for which 03 officials of the society were detailed to provide free flow of information required by the inspection committee. [Copy of letter dated 26-08-2017 sent by petitioner is attached herewith as Annexure P11].

9.              That as per procedure / merits and according to admission policy, only deserving students are given 25% discount in monthly fees and siblings are given discount in admission & tuition fee, by petitioner. All these discounted payments are contributed by members of petitioner society for their wards & for running the establishment. (Copy of work sheet of students who are taking 25% discount, is attached herewith as Annexure P12).

10.          That the petitioner is following strictly all rules & regulations/ provisions of the Sindh private Educational institutions (Regulation & control) Ordinance 2001, has  already updated all TORs demanded by respondent No; 02 through letter dated 11-08-2017. Further to assist the lawful demand of respondent for inspection, the petitioner is ready for and in this regard the petitioner has already sent a letter dated 26-08-2017 to respondent No: 02. But for unlawful demand to favor the Student -S Z Shah, the petitioner cannot be made compelled for.

11.          That respondent No: 02 & 03 has made provision of Inspection as a tool to earn undue advantages / benefits. At one hand, they are compelling the petitioner for giving admission & for giving 50% discount in Admission fee & tuition fee for a student who do not deserve in any manner and on the other hand, they are threatening for cancellation of registration upon provision of Inspection.

12.          That the respondent No.2 & 3 have made deprived the petitioner from his fundamental & constitutionally guaranteed right of individual to be dealt with in accordance with law / Article 4 of the constitution of Pakistan.

13.          That the acts of state respondent are illegal & excessive use of power. They are motivated with ill will and malice. The exercise of powers by the public functionaries in derogation to the direction of law amounts to disobey [ing] the command of law and the Constitution.

14.          That the respondents are liable to be called & to make justify as by what authority they support their claim.

15.          That the petitioner has no other efficacious remedy except to invoke the constitutional jurisdiction of this honorable court.

G R O U N D S

A.             That the respondent authorities have preceded the matter of petitioner in a surreptitious or in unreasonable manners.

B.             That it is well settled principal of law that “the compliance of any illegal and arbitrary order is neither binding on the subordinate forums nor valid in the eyes of law.

C.             That the constitution confers fundamental right to equality and equal protection of law. As article 04 of constitution of Pakistan reads as “ No person shall be compelled to do that which the law does not require him to do.”

D.             That the action of respondents being malafide is of great public importance as to pass orders for inspection, without any justification & reasons, by respondents in violation of law has become a tool to earn undue advantages / benefits under pressure.

E.             That the petitioner craves leave of this honorable court to urge further grounds and facts at the time of hearing of this petition.

P R A Y E R

Therefore it is prayed in the interest of justice and good conscience that this honorable court may be pleased to:

1)      Call for respondent No; 02 & 03, under what compelling reasons & circumstances, their office has issued order / letter dated: 17-07-2017- Annexure P7 & order / Letter No: DIR/I&R/PIS/EDU/GOS/(6864-57)/2017 dated 11-08-2017 – Annexure P10.

2)      Direct the respondent No; 02 & 03 not to interfere & try to extend pressure / compel unlawfully, over the petitioner for Special Case - Admission of Student S Shah and 50% discount in admission Fee and 50% discount in tuition fee and also to restrain them until further orders.

3)      To set-aside the action of respondents by declaring that their action is motivated with ill will and the compliance of any illegal and arbitrary order is neither binding on the subordinate forums nor valid in the eyes of law.

4)      Any other relief / reliefs that this honorable court may deem fit & proper in the circumstances of the matter.

Karachi.                                                                     Farhan Khaliq Anwer

Dated: 30-08-2017.                                              Advocate for the Petitioner.

For Immidiate Use In Court 

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.               /2017

WCHS Public School.        ………….                         ……       Petitioner.

VERSUS

Province of Sindh & Ors…          ………..                ….….     Respondents.

A F I D A V I T IN SUPPORT OF PETITION

I, Syed Kamal Akhter S/O Syed Akhter Husain, Muslim, Adult, resident of Karachi, holding NIC No: 0390883, Joint Scratery Works Co-operative Housing Society Karachi, do hereby state on oath as under:

1.   That I am petitioner herein as such am fully conversant with the facts of the case.

2.   That I am delegated power through our board of directors and the accompany petition under Article 199 of the Constitution of Pakistan has been moved on my express instructions. The contents of the same are correct and for the sake of brevity may be treated as part of this affidavit.

3.   That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                                  D E P O N E N T

Dated:   30-08-2017.                          

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.               /2017

WCHS Public School.        ………….                         ……       Petitioner.

VERSUS

Province of Sindh & Ors…          ………..             ….….     Respondents.

APPLICATION UNDER ORDER 39 RULES 1 & 2 C.P.C R/W SECTION 151 CPC

For the facts and reasons disclosed in accompanying affidavit it is respectfully prayed on behalf of the plaintiff that during pendency of this petition, this honorable court may be pleased to grant injunction / status quo in favor of the petitioner thereby directing the respondent authorities to stop the operation of order/letter dated:17-07-2017- Annexure P7 & order/Letter No:DIR/I&R/PIS/EDU/GOS/(6864-57)/2017, dated:11-08-2017– Annexure P10.

As to protect the constitutional rights of the petitioner is obligatory upon respondents, and the actions of respondents are not backed by law therefore the prayer is made in the interest of justice.

Karachi.

Dated:                                         Advocate for the Petitioner.

                                                          For Immediate Use in Court 

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.               /2017

WCHS Public School.        ………….                         ……       Petitioner.

VERSUS

Province of Sindh & Ors…          ………..                ….….     Respondents.

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER ORDER 39 RULES 1 & 2 C.P.C R/W SECTION 151 C.P.C

I, Syed Kamal Akhter S/O Syed Akhter Husain, Muslim, Adult, resident of Karachi, holding NIC No: 0390883, Joint Scratery Works Co-operative Housing Society Karachi, do hereby state on oath as under:

1.     That I am petitioner in above said case as such am fully conversant with the facts of the case.

2.     That the accompany application under order 39 rule 1 & 2 CPC has been moved on my express instructions and the contents of the same as well as the contents of memo of petition may kindly be treated as part and parcel of this affidavit.

3.     That I say that the action of respondents is not backed by law. They have infringed the rights of petitioner which are guaranteed to him under constitution of Pakistan.

4.     That I say that all illegal and unlawful actions which are being carried out by respondents are affecting injuriously  and the subject matter is of public importance.

5.     That I say I have good prima facie case and balance of convenience lies in my favor.

6.     That I say that until unless the accompanying application is allowed I shall seriously be prejudiced.

7.     That I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                                  D E P O N E N T

Dated:   -08-2017.