Law:

Section:

1987 SCMR 706 Present: Aslam Riaz Hussain and Mian Burhanuddin Khan, JJ UNIVERSITY OF THE PUNJAB--Petitioner Vs GULFAM AKHTAR--Respondent Civil Appeal No. 11 of 1987 in Civil Petition for Special Leave to Appeal No. 934 of 1985, decided on 7th January, 1987. (On appeal from the and order of Lahore High Court, Lahore 16-7-1985 in Writ Petition No. 4840 of 1983). Punjab University Calendar- --- Vol. I, Regln. 14--Unfair means--Superintendent of Examination Center receiving information that two answer books had been taken out of the hall and that same were going to be brought back into the Center after recording answers on them keeping a vigilant watch and on search of a candidate who had gone out of hall with permission to ease himself recovering two answer books from him, one bearing his own roll number and the other that of respondent--Such candidate, later found to be impersonating the respondent, and another candidate admitting in their statements recorded by Superintendent that they had sent their answer books out of the hall for recording answers-­Superintendent sending record to University Authorities on which unfair means' case was registered against respondent--Disciplinary Committee after giving full hearing to respondent coming to conclusion that he was guilty of employing unfair means, disqualifying him under Regln. 14 for a period of three years--High Court in terms of impugned , accepting writ petition of respondent and declaring decision of University as of no legal effect--Petitioner-University contending inter alia that High Court failed to appreciate that in cases where impersonation was practised or where previous deliberate arrangements were made to cheat in examination or where the record of University is tampered with no direct evidence could be made available to establish guilt of miscreant--Petition converted into appeal on ground raised by petitioner--Held, respondent could not be unaware of the whole affair regarding taking out of answer books, recording answers thereon and bringing same back into examination hall--No one else could be aware of fact that the respondent was appearing before Inter-Services Selection Board, Kohat on said…

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