Case Details

Citation(s)
1992 SLG 2134 1992 SLD 2134 1992 PLJ 421
Appellate Tribunal Inland Revenue, Multan Bench
Writ Petition Nos. 2098, 2303 and 2347 of 1992, dismissed on 9.8.1992 (approved for reporting on 24.8.1992). Date of hearing: 9.8.1992.
CH. FAZAL KARIM, J
Sardar Muhainmad Latif Khan Khosa, Advocate for Petitioners. Mr. Allah Bakhsh, Advocate for
Respondents.

SHABBIR HUSSAIN and others

VS

CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, DERA GHAZI KHAN and others--Respondents

Law:

Section:

Natural Justice-- —FSc. examination-Leakage of one paper-Cancellation of paper with direction to candidates to re-appear-Challenge to~Words special reasons used in rule 23, Chapter V of Calendar of Board, cover leakage of a paper- Contention that expression proper conditions cannot include case of leakage of paper, has no force—Paper had leaked out before examination time and Board was satisfied that this had happened, so necessary conditions for application of rule 23 were all satisfied-Held: Doctrine of natural justice has no application at all and to countenance plea that each individual candidate was entitled to a hearing, would amount to over-judicializing inquiry by Board under rule 23-Petitions dismissed.         [Pp.4i23424]A JUDGMENT This will dispose of W.P. Nos. 2098,2303 and 2347 of 1992. 2. The petitioners in these petitions under Article 199 of the Constitution were candidates at the Intermediate Examination Annual, F.Sc, Medical (Old Course), 1992, conducted by the Board of Intermediate and Secondary Education, D.G.Khan, one of the papers at the examination being Biology B Old Course, which was scheduled for 9.5.1992. On 19.5.1992, the Controller of Examinations, Ghulam Rasool Atish, lodged FIR No.92 at the P.S. B-Division, D.G.Khan under Section (VII) 3(32) of the Secondary Educational Mai-practices Act, 1950, alleging that the Biology B paper had been leaked out. The petitioners received notices from the Board of Intermediate and Secondary Education, D.G.Khan (to be referred to as the Board), informing them that the paper had been cancelled and that they should re-appear in the said paper on 15.7.1992. It is by these notices that the petitioners are aggrieved. In W.P. Nos. 2303 and 2347 of 1992 the prayer also is that the requirement that the petitioners should re-appear in the said paper is without lawful authority. The respondents are also sought to be restrained from holding examination in that paper again. 3. It is maintained that the students have no access to the question papers at any stage commencing from the setting of the papers till their distribution in the examination hall and the cancellation of the paper is…
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