Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--Art. 199--Law Reforms Ordinance (XII of 1972), S.3--Educational institution--Candidate appearing in examination, purposely suppressing fact that he had already appeared in same examination from another Board--Such candidate making similar suppression in his affidavit filed by him for admission to a professional college and securing provisional admission therein--Cancellation of his provisional admission by such professional college authorities--Constitutional petition--High Court, held, was justified in dismissing his constitutional petition as well as intra-Court appeal--Constitutional jurisdiction being discretionary, Court was right to refrain from issuing writ in favour of person and dismiss his intra-Court appeal, who had not come with clean hands.--[Educational institutions]. Muhammad Ashraf Qadri v. Principal, King Edward Medical College, Lahore etc. P L D 1982 S C 131 and Principal King Edward Medical College, Lahore v. Ghulam Mustafa etc. 1983 S C M R 196 ref. JUDGMENT ASLAM RIAZ HUSSAIN, J.--This judgment shall dispose of Civil Appeal No.79/84 filed by Nadeem and Civil Appeal No.80/84 filed by his brother Naeem Ahmad. 2. The facts, briefly, are that two brothers (Nadeem Ahmad and Naeem Ahmad appellants) appeared in the Intermediate Examination in 1978 (Spring) from the Board of Intermediate and Secondary Education, Sargodha, and were declared successful. They secured 477 and 468 marks respectively. Thereafter, both of them appeared in 1979 (Spring) examination held by Rawalpindi Board under Roll Nos. 5733 and 3734 respectively as fresh candidates, though they were not eligible as such. Both of them in their permission forms of the examination of the Board of Intermediate and Secondary Education, Rawalpindi, did not disclose that they had already passed the F.Sc. Examination earlier from the Sargodha Board, though Column No.7 of the said form placed a duty upon them to mention the same. Both the applicants succeeded only in three papers and the remaining papers were cleared by them through a further attempt in 1980 (Autumn) Examination from the same Board i.e. Rawalpindi Board. They then applied for admission to the…

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