Case Details

Citation(s)
1977 SLG 243 1977 SLD 243 1977 PLD 69
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 198-R of 1976, decision dated: 8th November 1976. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 1st July 1976, in Writ Petition No. 1301 of 1976)
SALAHUDDIN AHMED, ACTING C., J:, MOHAMMED AFZAL CHEEMA AND DORAB PATEL, JJ
Ch. Muhammad Farooq, Senior Advocate instructed by Noor Ahrnad Noori, Advocate-on-Record. Nemo

CONTROLLER OF EXAMINATIONS, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LAHORE

VS

MUHAMMAD YAQUB-

Law:

Section:

(a) Board of Intermediate and Secondary Education (Lahore) Examination Rules--- Rr. 6.6(ii) & 6.7(iii) -Unfair practice at examination-Comparison of objectionable material with answer book not giving slightest indication of copying-Charge-sheet containing precise allegations but initial report submitted by Deputy Superintendent disclosing an altogether different version-Allegation of copying being found untrue, Discipline Committee in all fairness bound to examine Deputy Superintendent to justify verdict of guilty-Allegation at least suffering from vagueness-Respondent having brought definite allegations of bias against Deputy Superintendent and specifically requested Discipline Committee to summon him at his expense yet such request turned down-No legal point of general public importance being involved, grant of leave to appeal, held, not justified--constitution of Pakistan (1973), Art. 185(3).-[Educational Institutions]. University of Dacca v. Zakir Ahmad P L D 1965 S C 90 ref. Per Salahuddin Ahmed, Acting C. J. (b) Board of Intermediate and Secondary Education (Lahore) Examination Rules -- Rr. 6.6(11) dt 6.7(iii)-No evidence to connect respondent with recovery of any objectionable material-Nothing in Deputy Superintendent's report indicating recovery of any objectionable material from respondent examines-Deputy Superintendent not even examined to find out as a fact whether any such material recovered from respondent despite respondent's allegations against him and requesting his examination at his cost.-[Educational Institutions]. Per Dorab Patel, J. (contra-minority view)- (c) Board of Intermediate and Secondary Education (Lahore) Examination Rules -- Rr. 6.6(ii) & 6.7(iii)-Respondent examinee not entitled to formal charge-sheet hence charge-sheet not challengeable on ground of vagueness particularly when respondent well aware of nature of charge sheet- Petitioner (Controller of Examination:) also not required to give respondent opportunity to cross-examine person reporting against him-Writ petition of respondent not having contained any allegation of mala fides and bias against Deputy Superintendent but only against Superintendent of Examination…
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