Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Board Calender ("Calender) Chapter 14, R. 14 and Chapter 15, R. 9(3) & (8)--Constitutional petition against orders passed by Disciplinary Committee as well as Appeal Committee of Board--Declaration of result--Cancellation of result--Charge sheet--Wrongful assumption--Challenge to--Non-mentioning of Chapter 14 Rule 14 in charge sheet clearly indicates that Board did not initiate proceedings against petitioner under said Rule which power was vested in it for cancellation/quashing of result after its declaration, therefore, by passing an order under said provisions without including same in charge sheet would be proceedings on wrong assumptions and not sustainable in eye of law, as what is not charged through a charge sheet cannot be proved--Time to invoke provision of Chapter 15 Rule 9 sub-Rules (3) & (8) had expired when petitioner's result has been declared--Although grounds referred in said Rule could have been made grounds for proceedings against petitioner if show-cause notice under correct provisions of law/rules had been issued by specifically mentioning same but show-cause notice having not mentioned provision of Chapter 14 Rule 14 of calendar was ambiguous, vague and devoid of power under which same was issued, consequently it could not be held that vested powers had properly been exercised--It is settled by now that where a law requires a particular thing to be done in a particular manner, same could only be done in that manner and not otherwise as said dictate of law could not be treated as a mere technicality and such an action could not be held to in compliance with legislative intent and could not sustain in eye of law--Unless order barring petitioner from passing relevant examination had been passed at relevant time before declaration of result, subsequent order barring petitioner from appearing in two next examinations could not have been passed especially when provisions under Chapter 14 rule 14 had not been invoked through charge sheet--Consequently it is held said provision of Chapter 15 rule 9 of Calendar has not been rightly invoked after declaration of result--Petition was allowed.…

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