| Citation(s) |
|---|
| 1999 SLG 970 1999 SLD 970 1999 CLC 1315 |
Lahore High Court
Writ Petition No.3025 of 1998, decision dated: 4-05-1998
KARAMAT NAZIR BHANDARIA, J
Jawaid Shaukat Malik for Petitioner. Shahid Waheed for
Respondent
Writ Petition No.3025 of 1998, decision dated: 4-05-1998
KARAMAT NAZIR BHANDARIA, J
Jawaid Shaukat Malik for Petitioner. Shahid Waheed for
Respondent
HUSSAIN SAEED-
VS
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, Lahore High Court
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 199---Educational institution---Disqualification of candidate for using unfair means in examination---Candidate, who appeared in Intermediate Examination ran away with answer book and Centre Superintendent reported the incident to police---Candidate was issued charge-sheet who replied same and Disciplinary Committee, after hearing concerned officials and candidate, found charge proved and disqualified candidate from taking three examinations--Penalty was imposed on candidate after conducting inquiry and no allegation of mala fide action had been levelled against Inquiry Committee and order passed ;) against candidate was not perverse---High Court in exercise of power of judicial review was not to act as a Court of appeal nor it could substitute its own findings for that of concerned Authorities of Board, of Intermediate and Secondary Education---High Court had to see that concerned Authorities had acted within parameters of statutory law and in absence of statutory law providing for procedure, within parameters of principles of natural justice, good conscience and fair play---Basic requirement of hearing had been met and no allegation of mala fides had been levelled by candidate against Authorities---No interference was called for by High Court in exercise of its Constitutional jurisdiction in circumstances. Ahmad and 3 others v. Vice-Chancellor, University of Engineering and, Technology and another PLD 1981 SC 464; Board of Intermediate and Secondary Education and others 198.8 SCMR 329; Board of Intermediate and Secondary Education, Lahore through Chairman and another PLD 1973 Lah. 600; Tariq Javed v. Board of Intermediate and Secondary Education, Sargodha 1984 CLC 662; Mahmood Ahmed v. Controller, Examination, Board of Intermediate and Secondary Education, Multan and another 1987 CLC 891 and Malik Habibur Rehman v. Siddique Ahmad Khan and 2 others PLD 1972 Lah. 8 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Educational institution---Disqualification of candidate for using unfair means in examination---Proceedings against candidate---Duty of Board of Intermediate and Secondar\…
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