| Citation(s) |
| 1981 SLG 1469 1981 SLD 1469 = 1981 PLD 244 |
Lahore High Court
Writ Petition No. 9061 of 1980, decided on 14th October,1980. dates of hearing : 5th, 6th, 7th and 8th October, 1980
AFTAB FARRUKH, J
Ch. Hamfd-ud-Din for Petitioner. Khalil-ur-Rehman Khan for
Respondent
ZAFARULLAHervsBOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LAHORE ETC.--Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Law: Punjab Boards of Intermediate and Secondary Education Act, 1976
Section: 14(6)
(a) Constitution of Pakistan (1973)--Art. 199-Writ petition, maintainability of-Student petitioner's case finding him guilty of adopting unfair means at examination under consideration on appeal before Appellate Committee-Writ petition against order holding him guilty nevertheless, held, maintain�able.-[Educational Institutions].Anjuman-e-Ahmadiya v. Deputy Commissioner, Sargodha P L D 1966 S C 639 ; Lt.-Col. Nawabzada Muhammad Amir Khan's case P L D 1961 S C 119 and Salahuddin's case P L D 1975 S C 244 ref.(b) Calendar of Board of Intermediate & Secondary Education (Lahore)--- R. 6(8)-Annulment of examination result-Powers of Board�Result of examination notified in Gazette-Held, can be annulled by Board if candidate disqualified for using unfair means-[Ghulam Haider's case P L D 1971 Lah. 952 dissented from].Rahat Siddiqui's case P L D 1975 Lah. 257 and Rahat Siddiqui v. Board of Intermediate & Secondary Education, Lahore and another 1977 S C M R 213 rel.Ghulam Haider's case P L D 1971 Lah. 952 dissented from.(c) Calendar of Board of Intermediate & Secondary Education (Lahore)---- R. 6(8) (17) read with Constitution of Pakistan (1973), Art. 199�Writ proceedings-Objections relating to constitution and validity of special Discipline Committee neither taken in writ petition nor raised before Discipline Committee or Appellate Committee, held, cannot be permitted to be raised at argument stage of writ petition� Petitioner having acquiesced in jurisdiction of Discipline Committee by not raising such objection at, time of appearing before it, cannot be permitted to raise such objection on such further ground as well �Constitution of Pakistan (1973), Art. 199.(d) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--- S. 14(6)-Calendar of Board of Intermediate and Secondary Education (Lahore), r. 6(17) (i) and Constitution of Pakistan (1973), Art. 199-Maxim : Expressio unius exclusio alterius (mention of one is exclusion of another)-Discipline Committee-Objection as to constitution of-Maxim : Expressio unius exclusio alterius-Not a rule of universal application-Objection regarding constitution of Discipline Committee and…
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