| Citation(s) |
|---|
| 1979 SLG 680 1979 SLD 680 1979 PLD 909 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 53/P of 1978, decision dated: 15th May 1979.
G. SAFDAR SHAH AND KARAM ELAHEE CHAUHAN, JJ
Amirzada Khan, Advocate-on-Record. M. Qasim Imam, Advocate-on-Record.
Civil Petition for Special Leave to Appeal No. 53/P of 1978, decision dated: 15th May 1979.
G. SAFDAR SHAH AND KARAM ELAHEE CHAUHAN, JJ
Amirzada Khan, Advocate-on-Record. M. Qasim Imam, Advocate-on-Record.
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION AND others
VS
Miss SALMA ATTAULLAH
Law:
Section:
Calendar of the N: W. F. P. Board of Intermediate and Secondary Education--- Part II, r. 8(v)-Misconduct in examination-Petitioner's counsel being unable to point out any mistake in High Court's order or any ground to defend order of Disciplinary Committee contending that despite defects pointed out High Court should not have recorded a finding as to case against respondent being not based on sufficient material -- Respondent having made allegations of arbitrariness and mala fides in her Writ Petition. High Court in circumstances justified to attend to such aspect of case and to observe that on materials placed before it no sufficient ground existed to form basis of any disciplinary action or inquiry against student concerned (respondent)-Original answer book showing to contain no sign of any erosion of marks on front of "marks sheet" nor of replacement of any other type--Observations of High Court, held, merely of a type generally recorded by Courts in relevant cases and not in excess of jurisdiction but one of reasons for holding impugned order and proceedings to be without lawful authority.-[High Court-Practice and procedure-Writ]. ORDER KARAM ELAHEE CHAUHAN, J.-Miss Salma Attaullah (hereinafter called the student/respondent) appeared in pre-medical (Annual) (1977) Examination of the Board of Intermediate and Secondary Education, Peshawar, with Roll No. 412. Her paper for Physics Part II was marked by the sub-examiner in which as the answer book which was produced before us shows she got first division marks. The said answer book was thereafter sent in routine to the head-examiner, Mr. Muhammad Yar Khan who noticed that the answer book was stitched with a thread and bound with gum, which suggested that some sheets may have been changed. According to the head-examiner the marks shown as obtained by the student on the front "awarded sheet" of the answer book appeared to be erased. He accordingly r submitted a report to the Controller of Examinations on 17-12-1977, suggesting that answer sheets appeared to be changed. After some office scrutiny a charge-sheet was issued to the student who was asked to appear before a disciplinary committee on 8-1-1978. At…
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