Law: Constitution of Pakistan, 1973

Section: 199

(a) Educational Institutions---Examination-Allegation of adopting unfair means by substituting answer books-Full opportunity not afforded to accused candidates to defend themselves-Reasonable doubt not excluded-Conclusion reach­ed by Disciplinary Action Sub-Committee, resulting in infliction of punishment, found to be erroneous, resting on suspicion and without any legal proof-Held, punishment inflicted without lawful autho­rity-Audi alteram partem (no one should be condemned unheard Board of Intermediate and Secondary Education, Hyderabad Rules, ff. 6(xiv) (xix) & 12.-[Maxim]. Samar Pervaiz v. Board of Intermediate and Secondary Education P L D 1971 S C 838 ref. (b) Constitution of Pakistan (1973)- ----Art. 199-Writ-Alternate remedy by appeal available--Whether and when petition under Art. 199 can be entertained without availing of such remedy.-[Writ]. It has been held by the highest judicial authority that this is not a rule of law barring jurisdiction but a rule, by which the Court regulates its jurisdiction. It is, therefore, a rule not without exceptions and time and again it has been held that where an order is without jurisdiction or a functionary acts mala fide or in a perverse, unjust and oppressive manner or where the filing of an appeal is a futile exercise on the part of the individual that a petition can be entertained in spite of the alternate remedy being available. JUDGMENT MUHAMMAD HALEEM, J.---Since by and large the facts are common and the accusation being identical in the show-cause notice, this judgment will dispose of Petitions 763 and 772 of 1973. The petitioner in Petition No. 763/73 is Miss Tayyaba whose seat No. was 2481 while Aftab Ali is the petitioner in the other petition whose seat No. was 2441; the former is the 3tster of the latter. Malik Mukhtar Ali, who is their brother but not a party in these proceedings, was one of the invigilators at the Centre, where the Annual Examination for the High School Certificate, Parts I and II of the Board of Intermediate and Secondary Education, Hyderabad, was held in August 1972, in which the petitioners appeared for Part I Examination. It is the accusation that with his assistance the…

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