| Citation(s) |
|---|
| 1999 SLG 272 1999 SLD 272 1999 SCMR 177 |
Supreme Court of Pakistan
Civil Petition No.777 of 1998, decision dated: 1st July, 1998. (On appeal from the judgment dated 4-5-1998 passed by the Lahore High Court, Lahore in W.P. No.3025 of 1998)
SH. IJAZ NISAR, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Khawaja Muhammad Farooq, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No.777 of 1998, decision dated: 1st July, 1998. (On appeal from the judgment dated 4-5-1998 passed by the Lahore High Court, Lahore in W.P. No.3025 of 1998)
SH. IJAZ NISAR, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Khawaja Muhammad Farooq, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for
Respondents
HUSSAIN SAEED
VS
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through Chairman and others
Law:
Section:
Constitution of Pakistan (1973)--Arts. 199 & 185(3) --- Constitutional jurisdiction of High Court, exercise of--Petitioner (candidate) who, while taking examination sat in examination hall and ran away with answer book --- Matter was reported to Police on same day and petitioner was charge-sheeted and show-cause notice was also issued to him--Petitioner submitted his reply and Disciplinary Committee, after hearing Authorities and petitioner found petitioner guilty and disqualified him from taking three examinations --- Petitioner filed appeal and revision against decision of Disciplinary Committee before concerned Authorities, but without success --Petitioner filed Constitutional petition before High Court which was dismissed --Validity --- Petitioner had failed to point out that any one of the members of Disciplinary Committee or any other official was inimically disposed towards him --- Action taken against petitioner concurrently by appropriate forums could not be substituted with a to the contrary by High Court in exercise of its Constitutional jurisdiction --- Petition for leave to appeal was dismissed accordingly. University of Dacca through its Vice-Chancellor and the Registrar, University of Dacca v. Zakir Ahmed PLD 1965 SC 90 and Abdus Saboor Khan v. Karachi University and another PLD 1966 SC 536 ref. ORDER CH; MUHAMMAD ARIF, J.---Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan 1973, Hussain Saeed--petitioner has laid challenge to the order of Lahore High Court, Lahore dated 4-5-1998 passed in his Constitution Petition bearing W.P. No.3025198 whereby the same was dismissed with the result that orders dated 18-10-1997 and 3-2-1998 respectively of the Disciplinary Committee and the respondent Chairman, Board of Intermediate and Secondary Education, Lahore disqualifying him for taking three examinations in the Intermediate, Part 11 till Annual Examination, 1998, were upheld. 2. Brief facts leading to the instant petition are that the petitioner sat in the Board of Intermediate Part 11 Examination under Roll Number 28643. On 24-4-1997 he, according to the allegations sat in Mathematic 11 Paper but ran…
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