Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab University Calendar (1963-64)--- Vol. I, Reglns. 13 & 18 (3)-Disciplinary proceedings-Use of unfair means at examination-Natural justice, principles of Persons in charge of educational institutions-To be given fullest authority vis-a-vis their students in same runner as parent or guardian-Presumption in case of disciplinary proceedings against student for using unfair means at examination that student proceeded against properly and without malice-Malice if alleged against authority of institution burden lies on student making such allegation-Malice if proved by production of evidence, burden shifts on authorities to establish charge on basis of evidence and such evidence to be recorded in student's presence-Student in such case to be afforded opportunity to cross-examine witnesses and to produce his own evidence in rebuttal-­Action initiated against student not shown based on mala fides, quite proper, held, for authorities to proceed for violating rules providing fair opportunity to student to correct or contradict any relevant statement prejudicial to his interest and authorities under no compulsion to frame formal charge-sheet or to examine witness in student's presence or to afford him opportunity of cross-examining such witnesses.­[Disciplinary proceedings-Malice-Natural justice, principles of]. University of Dacca through its Vice-Chancellor and another v. Zakir Ahmad P L D 1965 S C 90 ; Abdus Saboor Khan v. Karachi University and another P L D 1966 S C 536 ; Syed Arif Ali v. Vice-Chancellor, University of Karachi and another 1969 S C M R 239 ; Disciplinary Committee of the Univer­sity of the Punjab, Lahore and another v. Malik Abdul Majid Law Notes 1971 S C 265 and Controller of Examinations. Board, of Intermediate and Secondary Education, Lahore v. Muhammad Yaqub P L D 1977 S C 69 ref. (b) Punjab University Calendar (1963-64)- -- Reglns. 13 & 18 read with Punjab University Rules, r. 20 (a)-Discip­linary proceedings-Use of unfair means at examination-Proof­ Natural justice, principle of-Student served with a detailed show cause notice, student replying to such notice in extenso and thereafter appearing before Disciplinary Committee and…

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