Law:

Section:

(a) Educational institution------- Cancellation of result by Education Board alleged to have been prepared by unfair means---Candidate was afforded proper opportunity of hearing and to appear before Chairman of the Board of Intermediate and Secondary Education before cancellation of result but she failed to appear ---Effect--­Candidate having failed to appear and explain her position. result was rightly cancelled by the Board in circumstances. Muhammad Afzal v. Munir Nabi Khan and 6 others PLD 1995 Quetta 50 ref. (b) Educational institution---- ---- Cancellation of result by Education Board alleged to have been prepared by unfair means---Opportunity of being heard---Where the Board simply sought to correct a mistake viz., to cancel an earlier declaration that candidate had passed the examination which was wrong because marks of the candidate were below minimum or a candidate had secured admission through a fraudulent device. Board was not obliged to offer an opportunity of being heard in circumstances. Sureshi v. Berhunpur University AIR 1987 , Orissa 38; U.P.J.D.A.C. v. Nandwani (1990) 4 SCC 633 and Saeed Ahmad Khan's case PLD 1974 SC 151 ref. (c) Educational institution--- ----Cancellation of result by the Board alleged to have been prepared by unfair means---Candidate appeared in F.Sc. Examination and got admission in medical college---Board of Intermediate and Secondary Education issued a show-cause notice to the candidate that result was - found to be bogus--­Candidate neither replied the show-cause notice nor she appeared before the Chairman of the Board, in response to opportunities provided to her for hearing---Ex parte decision was taken by the Chairman of the Board and result of the candidate was cancelled---Validity---External result sheet and conterfoils/award lists were verbatim and had proved the position of the Board---High Court had seen the same which were in due course--No justification existed to doubt the authenticity of such record---Evidence of unfair means in the case of candidate was perfectly plain and transparent and candidate was beneficiary of the change in the marks---No specific mala fide was pointed out against the Authorities…

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