| Citation(s) |
|---|
| 2001 SLG 1312 2001 SLD 1312 2001 PLD 26 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos.707-K and 708-K of 1999, decision dated: 26-07-2000. (On appeal from the judgment dated 6-10-1999 of the Sindh High Court, Karachi, passed in Constitutional Petitions Nos.D-736 and D-737 of 1999)
RANA BHAGWAN DAS AND, JAVED IQBAL, JJ
Gul Bahar Korai, Advocate Supreme Court. Noor-ud-Din, Advocate Supreme Court and A.A. Siddiqui, Advocate-on-Record No. 1
Civil Petitions for Leave to Appeal Nos.707-K and 708-K of 1999, decision dated: 26-07-2000. (On appeal from the judgment dated 6-10-1999 of the Sindh High Court, Karachi, passed in Constitutional Petitions Nos.D-736 and D-737 of 1999)
RANA BHAGWAN DAS AND, JAVED IQBAL, JJ
Gul Bahar Korai, Advocate Supreme Court. Noor-ud-Din, Advocate Supreme Court and A.A. Siddiqui, Advocate-on-Record No. 1
Mst. SHAHIDA and anothers
VS
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LARKANA through Chairman, at Larkana and 5 others
Law:
Section:
a) Calendar Board of Intermediate and Secondary Education (Larkana)-----Vol. III, R.22---Constitution of Pakistan (1973), Art.185(3)--Notification of rectified mark sheets---Tampering with mark sheets and substituting actual marks by fictitious marks---Cancellation of bogus mark sheets---Candidates with the connivance of the staff of the Board managed to tamper with the record of the Board and received the mark sheets with inflated marks---Candidates, on the basis of such mark sheets, managed to get admissions in medical college---Board after scrutiny, cancelled bogus mark sheets and a notification of actual mark sheets was issued---Admissions of the candidates in medical college were cancelled on account of the notification issued by the Board---Constitutional petition filed by the candidates was dismissed by High Court---Contention by the candidates was that Board had no lawful authority to issue the notification and the same was without any legal effect--Validity---Board was fully competent to rectify any error in the result or mark sheets irrespective of the fact whether the same was notified or not---Question of competency of the Board could not be agitated as the correction in the ledger containing details of marks was made on the basis of admitted authentic Award List---Board could rectify any mistake and after detection of fraud the Board could not behave like a silent spectator---Admissions of the candidates were cancelled after affording proper opportunity of hearing including show-cause notice and after compliance with all the legal requirements---Action taken by the Board was neither arbitrary nor derogatory to law and the same did not warrant any interference---Judgment of the High Court was free from any legal infirmity and did not call for any interference---Keeping in view the fraudulent conduct of the candidates, leave to appeal was refused by Supreme Court. AIR 1953 Orissa 121 ref. (b) Constitution of Pakistan (1973)-----Art. 199---Constitutional petition---Educational institution---Principle, "he who seeks equity must do equity"---Applicability---Admissions in medical college on the basis of forged and bogus mark sheets---Such admissions of…
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