Case Details

Citation(s)
2010 SLG 1087 2010 SLD 1087 2010 PLJ 158
Lahore High Court
WP No. 8664 of 2007, decided & hearing on 03.07.2009.
IJAZ AHMAD CHAUDHRY, JUSTICE
Mr. Qaiser Mehmood Sara, Advocate for Petitioner. Sheikh Shahid Waheed, Advocate for
Respondents.

MUZAFFAR ALI KHAN

VS

BOARD OF INTERMEDIATE & SECONDARY EDUCATION LAHORE THROUGH ITS CHAIRMAN AND ANOTHER

Law:

Section:

Educational Institution-- ----Calendar of Board of Intermediate and Secondary Education--Chapter 5 R. 14--Cancellation of result card of matriculation examination--Using unfair means in intermediate examination--Powered of Board to quash the result of a candidate having been found using unfair means was declared disqualified by the committee for further six examination--Past and closed chapter--Validity--No document had been shown that Board had already declared that any candidate subsequently found to have been used unfair means even after a period of 30 years in any examination would be liable for cancellation of his earlier academic certificates--Nothing had been brought to the notice of the Board that petitioner had obtained the matriculation certificate by using unfair means as well--Held: Order for cancellation of matriculation certificate of the petitioner was not sustainable--Examination of matriculation had no nexus with intermediate examination and both being different entitles--Further held: Petitioner could not be penalized by cancellation of his matriculation certificate as well in which there was no sort of allegation against the petitioner--Order for cancellation of matriculation certificate of the petitioner cannot be sustained--Petition was accepted. PLD 2004 SC 25, ref. THIS ORDER PASSED BY: IJAZ AHMAD CHAUDHRY, JUSTICE---.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks setting aside of the order dated 22.06.2007. passed by the respondents through which matriculation result card of the petitioner earlier passed by him in the year 1978 has been cancelled. 2. Briefly the facts narrated in this petition are that the petitioner had applied for taking intermediate examination held in the year 2004 against Roll No. 34445 at D.G. Khan Board of Intermediate and Secondary Education. The petitioner having been found using unfair means was declared disqualified by the committee for further six examinations and an FIR was also got registered against the petitioner. The above said Board informed the respondents Board about the conduct of the petitioner and recommended for…
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