Law:

Section:

(a) Punjab University Calendar, Vol. I­ ---- Chap. 7, Regln. 21 --- Constitution of Pakistan (1973), Art.199 --Constitutional remedy without first filing appeal against impugned order --Availability --­Disqualification of petitioner for using unfair means in examination for a period of two years --- Remedy provided against impugned order in terms of Regln. 21 of Chap. 7, Punjab University Calendar does not appear to be an adequate alternate remedy in the sense that such remedy merely leaves room for filing of representation and not an appeal before Vice- Chancellor --- Vice - Chancellor cannot himself finally decide the matter but has to refer the case back to Disciplinary Committee--­Constitutional petition could, thus, competently be filed against the impugned order. (b) Punjab University Calendar Vol. I- --Chap. 7, Regln. 13 --- Disqualification of petitioner for two years for using unfair means in examination --- Discipline Committee had taken action against petitioner on the ground of copying, while solitary charge against her was that of possession of one photo copy of printed leaf bearing notes relevant to syllabus/question paper--Two contradictory reports presumably made by Centre Superintendent contained in record were found to be irreconcilable-­ Discipline Committee had the bounden duty to have sought explanation of Centre Superintendent as to the contradictions contained in two reports­ Disciplinary Committee having failed to record statements of concerned officials as to such contradictions, had failed to perform its legal duty--­ Discipline Committee had, thus, approached the case from entirely wrong angle; allegation in charge-sheet was that of 'possession" of objectionable photo copy of printed leaf but the Discipline Committee in its proceedings noted nature of charge as "copying"---Action taken against petitioner , being illegal, arbitrary and mala fide in law, was not sustainable. (c) Punjab University Calendar, Vol. I- ---- Chap. 7, RegIn. 13 --- Constitution of Pakistan (1973), Art.199-­Disqualification of petitioner for using unfair means in examination--­Petitioner was condemned unheard --- Case was once adjourned due to illness of…

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