Case Details

Citation(s)
1998 SLG 1235 1998 SLD 1235 1998 CLC 432
Lahore High Court
Writ Petition No.2276-ED of 1996, decision dated: 5-08-1997
CH. IJAZ AHMAD, J
Syed Murtaza Ali Zaidi for Petitioner. Allah Bakhsh Kulachi for
Respondents

GHULAM MUSTAFA

VS

CHAIRMAN, BOARD OF INTERMEDIATE and others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction, exercise of---Petitioner who was a student was allowed to sit in examination, but after half an hour his paper was taken back by supervisory staff alleging that he was not eligible to appear in examination ag he had got admission on forged documents---Evidence on record had established that petitioner had filed wrong affidavit with admission form as his name was struck off from college role due to non-payment of fee and other dues---Petitioner neither got readmission nor had completed practicals in the college---Petitioner who had concealed material facts from Court, was not entitled to get any discretionary relief---Even otherwise disputed question of facts could not be decided under Art. 199 of Constitution of Pakistan (1973)--­Respondents having not violated any rule or regulation, Constitutional petition was not maintainable. 1969 SCMR 141; 1983 SCMR 196; R. v. Dunsheath (1950) 2 AER 741 Thome v. University of London (1966) 2 AER 338 ref. JUDGMENT The brief facts of which the present writ petition arises are that the petitioner got admission in SC Pre-Medical in 1st year in Government Degree College Jam Pur for the Session 1992 to 1994. The college authority allotted him Roll No.5. The petitioner was eligible to appear in the Annual Examination, 1994 but he could not appear on account of illness. He submitted admission form for Supplementary Examination, 1994 but he was not allowed to appear as he was not eligible according to the rules of the respondent. The petitioner submitted admission-form for appearing in the Annual Examination, 1995 in the office of respondent and Roll No.2245 was allotted to him. He appeared in the said examination and passed five subjects and failed in two subjects i.e. English and Physics. The petitioner was allowed to appear in the failing subjects in 1995 Supplementary Examination. The petitioner appeared in the Supplementary Examination conducted by the respondents but the respondents withheld his result on the ground that he was not eligible to appear in the examination on the ground that under the law his appearance as a private candidate was not…
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