| Citation(s) |
|---|
| 1999 SLG 327 1999 SLD 327 1999 SCMR 816 |
Supreme Court of Pakistan
Civil Petition No.847-L of 1998, decision dated: 30-12-1998. (On appeal from the order, dated 27-5-1998 of the Lahore High Court Lahore in Writ Petition No.28670 of 1997)
IRSHAD HASAN KHAN AND WAJIHUDDIN AHMED, JJ
Dr. A. Basit, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No.847-L of 1998, decision dated: 30-12-1998. (On appeal from the order, dated 27-5-1998 of the Lahore High Court Lahore in Writ Petition No.28670 of 1997)
IRSHAD HASAN KHAN AND WAJIHUDDIN AHMED, JJ
Dr. A. Basit, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents
TARIQ HUSSAIN
VS
UNIVERSITY OF THE PUNJAB through Vice Chancellor and 2 others
Law:
Section:
(a) Educational institution--Interpolation in the answer book by examinee ---Disqualification of examinee, an F.E.L. student, for three years on charge of unfair means in Annual Examination (1992)---Examinee, in spite of such disqualification, having taken F.E.L. Supplementary Examination (1992) had cleared the same and in course of time had also passed the LL.B. Second Annual Examination (1993), for which a provisional certificate had also been issued to him in 1996---Effect--Held. even if the examinee had attained higher qualifications than LL.B. Itself, such could not be sustained if the basic foundation on which the same rested had been removed underneath---Circumstances under which the examinee made appearances in the examination being not known, safe presumption, however, could be that he had either done on the quiet and without the knowledge of the University or with the permission of the Court, but subject to the decision of the pending Court matter if any---Outcome, in all such circumstances, would abide with the fate of the enquiry or the Court proceedings as the case may be--Examinee having stood disqualified for a period of three years, any such advancement in education as he might have acquired was totally and absolutely subject to the disciplinary action recorded in the ordinary course---Interpolation in the answer book could not have taken place except with connivance of the relevant University staff and upon breach of the absolute secrecy with which such matters were attended to---Supreme Court expected that an enquiry would be .initiated by the Vice-Chancellor of the University and necessary departmental action taken against all those found to be involved and result would be communicated to the Assistant Registrar of Supreme Court within six months' time. (b) Calendar of University of the Punjab, 1990--- ----Vo1.I, Chap. XI---Constitution of Pakistan (1973), Art. 185(3)---Petition for leave to appeal---Question as to whether disciplinary Committee was properly constituted and while rendering its decision quorum was not complete, being a mixed question of law and fact could not, ordinarily, be allowed to be agitated for the first time at leave…
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