Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Disputed question of fact---Such question cannot be resolved by High Court in Constitutional jurisdiction. Muhammad Younis Khan's case 1993 SCMR 618 ref. (b) Mala fides--- ---- Malice or mala fides---General allegations of malice or mala tides are not sustainable in the eyes of law. Saeed Ahmad Khan's case PLD 1974 SC 151 and Aman Ullah Khan's case PLD 1990 SC 1092 ref. (c) Law Reforms Ordinance (XII of 1972)--- ----S. 3---Constitution of Pakistan (1973), Art. 199---Constitutional petition ---Intra-Court Appeal---Maintainability---Failure to implead necessary party to-the proceedings---Tampering with examination result was alleged against the candidate and the Authorities withheld his result---Board of Intermediate and Secondary Education was not impleaded either in Constitutional petition or in Intra-Court Appeal---Effect---Where the Board s not impleaded, neither the Constitutional petition, nor the Intra-Court peal was maintainable. Rameez-ul-Haq's case PLD 1992 SC 221 ref. (d) Locus poenitentiae--- ---Principle of---Nobody should be allowed to get benefit of his own misdeeds and the principle of locus poenitentiae is not attracted in cases of ill-go­tten gains or misdeeds. Rehat Siddiqui's case PLD 1975 Lah. 257, Rehat Siddiqui's case 77 SCMR 213 and Jalal-ud-Din's case PLD 1992 SC 207 ref. (e) Educational institutions--- ---Examination---Forged marks sheet---Authorities withheld the result of the candidate---Candidate denied any manipulation in the admission form--­Validity---Where the candidate did not implead any person who was responsible to make that forgery, the candidate was held to be responsible of same as he was the beneficiary of the forgery---Candidate, in the present the failed to point out any violation of rules committed by the Authorities---Order passed by the Authorities was neither illegal nor there was any infirmity---High Court upheld the order passed by the Authorities in circumstances. Ahmad Latif Qureshis case PLD 1994 Lah. 3 distinguished. Akhtar Ali's case 1979 SCMR 549 and Azhar Ali's case PLD 1971 Lah. 972 and Ali Mir's case 1984 SCMR 433 ref. ORDER The…

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