Law: Constitution of Pakistan, 1973

Section: 199

Calendar of the Board of Intermediate and Secondary Education, Lahore--- ----Rr.15.9(3) 15.9(8)---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Intermediary and secondary school examinations---Disciplinary proceedings against student---Allegations of using unfair means in examination---Conjectures and surmises---Scope (student) impugned order of Disciplinary Committee of Board of Intermediatory and Secondary Education whereby petitioner was adjudged guilty of tampering / forgery vis- -vis an examination---Validity---Record revealed that no evidence was forthcoming which connected petitioner with said charges and Disciplinary Committee in its impugned order used words doubtful and objectionable, which conveyed feeling of conjecture and surmises and same could not substitute for cogent evidence to hold petitioner culpable under applicable rules of Disciplinary Committee---No witness was produced to substantiate allegations and Disciplinary Committees own observations revealed that probabilities were equally balanced either way---Impugned orders were set aside--- Constitutional petition was allowed, accordingly. Samar Pervaiz v. Board of Intermediate and Secondary Education, Lahore and another PLD 1971 SC 838 rel. JUDGMENT SHAHID KARIM, JUSTICE:---.--- This constitutional petition brings a challenge to the orders made by the Board of Intermediate and Secondary Education, Lahore (“the Board”) on a disciplinary proceedings set in motion against the petitioner. The challenge is to the decision of the Disciplinary Committee dated 29.12.2018, Appeal Committee dated 05.03.2019 and the decision of the Chairman of the Board dated 22.01.2020. 2. The facts may be stated shortly. The case was initiated on an anonymous complaint, filed with the Chairman of the Board. It is indeed strange that the Chairman took notice of the complaint and initiated inquiry on behalf of the petitioner for an examination taken by the petitioner while appearing in Secondary School (Annual) Examination 2018 under Roll No.222358 which he passed with Grade A+ by securing 1031 marks out of 1100 marks. He was awarded secondary school certificate as per result…

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