Law:

Section:

Board for Secondary School Certificate Part-wise System Examination Rules, 2003-- ----R. 20--Chapter of Board's Calendar--O. VI, R. 5(ii)--Constitution of Pakistan, 1973--Art. 199--Educational institution--Constitutional petition--Punishment for using of unfair means in examination of 10th class--Disqualification for two examinations--Violation of principle of natural justice--Validity--Petitioner was declared successful in 9th class examination--Unfair means case was registered against him in 10th class examination and disqualified for two examinations by Board--Petitioner approached authorities who refused to declare his result--Assailed--Petitioner was ever notified by Board to show-cause against cancellation of his 9th class examination nor original decision of disciplinary committee cancelling ressult has been placed on record--Decision was only taken by Board against the petitioner was disqualifying from two examinations--Board could not withhold result of the petitioner on the ground that as result of 9th class examination stood cancelled in terms of Rule 20--Charge sheet was given to petitioner or was ever given any show-cause notice before cancelling 9th class result in terms of Rule 20--Held: Action of Board being violative of principles of natural justice cannot be approved in light of law--Petition was allowed and result of 9th class examination was declared as an act without lawful authority. [Pp. 1095 & 1096] A, B, C, D & E Judgment This Constitutional petition seeks quashment of the proceedings taken by Board of Intermediate & Secondary Education, Multan whereby the petitioner was directed to appear in 9th and 10th class examination afresh in terms of Rule (20) of the Secondary School Certificate. Part-wise System Examination Rules, 2003. 2. The facts in brief are that petitioner appeared in 9th class examination, 2003 under Roll No. 128799 and was declared successful having secured 231 marks. He then appeared in 10th Class examination but as he was found in possession of some illegal material, therefore, an Unfair Means Case was registered against him and resultantly he was disqualified for two examinations i.e. Annual 2004 and…

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