Law:

Section:

Board of Intermediate and Secondary Education (Multan) Examination Rules--- ---- R. 8(1) --- Educational institutions --- Unfair means---Petitioner/candidate was not caught red-handed in examination hall giving or receiving illegal assistance to/from next candidate in solving question paper and there was also no other direct evidence against him in that respect --- Disciplinary Committee, disqualified petitioner merely on suspicion without any direct proof of unfair means allegedly employed by him --- Suspicions after all were suspicions and could not take place of direct proof and no one could be condemned on strength of circumstantial evidence unless it excluded all hypotheses of the innocence of person proceeded against --- Disciplinary Committee having failed to detect true state of affairs, benefit of confusion and doubt must go to petitioner --- Petitioner having been condemned without legal and factual justification, order of Disciplinary Committee passed against petitioner could not be sustained. JUDGMENT Through this Constitutional Petition Syed Qaiser Sajjad Sherazi 'petitioner seeks declaration to the effect that the charge sheet dated 3-7-1989 and the order of Chairman Board of Intermediate and Secondary Education, Multan disqualifying him for four examinations w.e.f. Annual 1989 to Supplementary 1990, are without lawful authority and of no legal effect. 2. The facts leading to this petition briefly are that the petitioner appeared in S.S.C. (Annual) Examination, 1989 with Roll No.9446 from Kot Sultan Centre. While examining the paper Urdu-11, Muhammad Sarwar Khan, Head Examiner Udru-II, made following report to the Controller Examinations, Secondary Board of Multan:--- On this, the petitioner was charged sheeted. He submitted explanation After hearing him, the Disciplinary Committee passed following order against him:--- Feeling aggrieved thereby, he filed appeal which was dismissed on 15-5­1990, hence this petition. 2. Learned counsel for the petitioner submits that the petitioner was not caught red-handed in the examination hall giving/receiving illegal assistance to/from Roll No.9447 in solving paper Urdu-11 and that he has been condemned on…

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