| Citation(s) |
|---|
| 2003 SLG 3365 2003 SLD 3365 2003 PLD 487 |
Sindh High Court
Constitutional Petition No. D-449 of 2003, decided on 28th May, 2003. dates of hearing: 7th and 8th May, 2003.
MUHAMMAD ROSHAN ESSANI AND KHILJI ARIF HUSSAIN, JJ
Ghulam Qadir Jatoi and Muhammad Saleem Sammo for Petitioner. Abbas Ali, Addl. A.G., Sindh for
Respondent No. 1. Ch. Muhammad Jamil for
Respondent No. 2.
Constitutional Petition No. D-449 of 2003, decided on 28th May, 2003. dates of hearing: 7th and 8th May, 2003.
MUHAMMAD ROSHAN ESSANI AND KHILJI ARIF HUSSAIN, JJ
Ghulam Qadir Jatoi and Muhammad Saleem Sammo for Petitioner. Abbas Ali, Addl. A.G., Sindh for
Respondent No. 1. Ch. Muhammad Jamil for
Respondent No. 2.
BEENISH ABBASI
VS
PROVINCE OF Sindh court through the Secretary, Ministry of Education, Karachi and another
Law:
Section:
(a) Educational institution-- ---- Using unfair means in examination---Students using unfair means should not be allowed to go with their illegal acts at the cost of other students, who follow rules and work hard otherwise same would amount to deprive students following the rules of institution from their rights. (b) Educational institution-- ---- Natural justice, principle of---Such principles could not be strictly attracted in matter pertaining to students and teachers. (c) Educational institution-- ---- Relationship between student and teacher---Nature and basis highlighted. The relationship between student and teacher is a very delicate relationship based upon the trust and respect. The teachers are supposed to act as parents and to guide the students to improve their character for good society while providing them best possible education so as to meet challenges m future. Likewise the students are also expected to pay respect to their teachers and follow the instructions issued by the institution from time to time. (d) Educational institution-- ----Using cheating/unfair means in examination---Disciplinary Committee expelled candidate from institution after finding her guilty of malpractice--Validity---Candidate had been caught red-handed with cheating material which fact she had admitted in her own handwriting---Decision for expulsion had been taken by the Disciplinary Committee consisting of three members and approved by Director of the institution---Candidate had neither produced any material to show that Authorities had some bias against her or acted against rules and regulation of the institution while passing such order nor alleged any specific allegation of mala fides against the Disciplinary Committee, which had passed such order---High Court dismissed Constitutional petition in limine against the action taken by the Authorities. Muhammad Shafique v. The State PLD 1977 SC (AJ&K) 1; Khan Baig v. The State 1999 MLD 2168; Al-Qur'an Surah Al-Baqrah A'yat No.172; Surah Al-Ana'm A'yat Nos.119, 145; C.R. Rao v. Registrar, Andhra University AIR 1972 Andh. Pra. 127; Karnatake Public Service Commission and others v. B.M. Vijaya Shankar AIR 1992 SC 952;…
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