Law:

Section:

Calendar of the Board of Intermediate and Secondary Education, Lahore -------Paras. 6.6(ii) & 6.7(iii)---Constitution of Pakistan (1973), Art. 199-- Constitutional petition---Unfair means allegedly used by petitioner in Intermediate Examination---Disqualification order was passed against petitioner by respondent debarring him from appearing in two Intermediate Examinations---Validity---Allegation of using unfair means could not be proved against petitioner with particularity---Educational institution was although neither required to act as Criminal Court nor was bound to follow legal or procedural formalities while dealing with student for misconduct and indiscipline and he was not to be treated as ordinary criminal, yet during investigation and inquiries attitude of all concerned should not be of adversaries and should not become antagonistic---Claim of petitioner that he did not indulge into any illegal practice nor did he use any unfair means was not taken into consideration by respondents sympathetically and objectively---Record of the inquiry proceeding was absolutely silent as to whether the members of the Discipline Committee looked into the assertion of the petitioner dispassionately---Impugned order against petitioner was based upon a faulty material, therefore, same was declared to be without lawful authority and of no legal effect---Respondents were directed to declare petitioner's result of Intermediate Examination forthwith. Muhammad Umer v. Government of Sindh and others PLD 1995 Kar. 59; Ahmad and 3 others v. Vice-Chancellor, University of Engineering and Technology and another PLD 1981 SC 464; Syed Azmat Ali v. The Chief Settlement and Rehabilitation Commissioner and others PLD 1964 SC 260; Board of Intermediate and Secondary Education, Lahore and another v. M. Massadaq Naseem Sindhu PLb 1973 Lah. 600; Fazal Karim Chaudhary v. The Punjab University PLD 1955 Lah. 404; Sirajul Islam v. University of Peshawar and 2 others PLD 1980 Pesh. 158; Muhammad Tariq v. Board of Intermediate and Secondary Education, Lahore and another 1990 CLC 898 ref. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in…

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