Law: Constitution of Pakistan, 1962

Section: 98

  (a) Educational institutions Using unfair means at examina tion-Board of Intermediate and Secondary Education Lahore, Calendar 1962-65, pp. 166-167, "Rules Relating to Punishment for Use of Unfair Means in Examination of the Board," rr. S (ii), & 8(iv)---Interpretation---Rule 8(iv) independent of r. S(ii) and constitutes distinct and separate offence---For a candidate to be found guilty under r. S(ii) it is not necessary that he must be found to be in physical possession of objectionable material in the exami nation hall---"Found" in context means and has reference to ultimate finding recorded by disciplinary committee based on evidence as a result of inquiry made by it. The gravamen of the offence under rule 5(ii) of the "Rules relating to Punishment for Use of Unfair Means in Examination of the Board" contained in the Calendar 1962-65 of the Board of Intermediate and Secondary Education, Lahore lies in the posses sion by the candidate or accessible to him, in the examination hall of the objectionable material Therefore, it does not stand to reason that the commission of this offence by the candidate under the rule was in any way contingent upon its actual recovery and detection in the examination hall by the supervisory staff and only if the candidate was caught red-handed in actual possession of or physically accessible to him in the examination hall of the objectionable material. Any such interpretation is bound to promote the mischief which must be suppressed. The expression "If a candidate is found having in his possession or accessible to him in the examination hall." in the context of this rule, does not necessarily mean that ho was physically found, in the examination hall, to be in possession of or accessible to him the objectionable material. The rule is not merely confined to the cases of such recoveries actually made from the candidates in the examination hall. On a rational and beneficial interpretation the word "found" in the context means and has reference to the ultimate finding recorded by the Disciplinary Committee based on the evidence as a result of the enquiry made by It. In…