| Citation(s) |
|---|
| 2020 SLG 258 2020 SLD 258 2020 MLD 29 |
Lahore High Court
Writ Petition No. 16568 of 2019, decision Dated: 15-05-2019.
MUZAMIL AKHTAR SHABIR, JUSTICE
Petitioner(s) by: Mehmood Ahmad Alvari and Mian Muhammad Sharif
Respondent(s) by: Mehboob Azhar Sheikh
Writ Petition No. 16568 of 2019, decision Dated: 15-05-2019.
MUZAMIL AKHTAR SHABIR, JUSTICE
Petitioner(s) by: Mehmood Ahmad Alvari and Mian Muhammad Sharif
Respondent(s) by: Mehboob Azhar Sheikh
AHSAN IFTIKHAR
VS
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION THROUGH CHAIRMAN, LAHORE AND 6 OTHERS
Law: Calendar of Board of Intermediate and Secondary Education Lahore, 2018
Section: R.9(3)(8),14
(a) Calendar of Board of Intermediate and Secondary Education Lahore, 2018--- ----Chap. 15, R. 9(3)(8) & Chap. 14, R. 14---Allegations of using unfair means by examinee in the examination---Cancellation of result of the examinee by the Education Board---Charge sheet, framing of---Requirements---Education Board issued charge sheet to the petitioner-examinee and after reply his result was cancelled---Validity---Provisions of Chap. 15, R. 9 of Calendar of Board of Intermediate and Secondary Education Lahore, 2018 could only be exercised before declaring the result of examination---Examinee could although be proceeded against after declaration of result and it could be quashed under Chap. 14, R. 14 of Calendar of Board of Intermediate and Secondary Education Lahore, 2018---Board had not mentioned the said provisions in the charge sheet and such powers were not actually exercised---Charge sheet issued to the petitioner requiring him to file reply should have specifically mentioned the details of allegations and the provisions of law against which petitioner was required to be proceeded against---If specific details were not mentioned in the charge sheet/show-cause notice then authorities proceeding against the petitioner would be proceeding against him under wrong assumption of said violations---Non-mentioning of Chap. 14, R. 14 of Calendar of Board of Intermediate and Secondary Education Lahore, 2018 indicated that Education Board had not initiated proceedings against the petitioner under the said Rule---Passing an order under Chap. 14, R. 14 of Calendar of Board of Intermediate and Secondary Education Lahore, 2018 without including the same in the charge sheet would be proceedings on wrong assumption and not sustainable in the eye of law---What was not charged through charge sheet could not be proved---Time to invoke provision of Chap. 15, R. 9 (3) & (8) of Calendar of Board of Intermediate and Secondary Education Lahore, 2018 had expired when petitioner's result had been declared---Show-cause notice having not mentioned provision of Chap. 14, R. 14 of Calendar of Board of Intermediate and Secondary Education Lahore, 2018 was ambiguous, vague and devoid of…
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