| Citation(s) |
|---|
| 2005 SLG 725 2005 SLD 725 2005 PLD 443 |
Supreme Court of Pakistan
Civil Appeal No. 993 of 2002, heard on 4-01-2005.(On appeal from judgment dated 3-6-2002 of the High Court of Balochistan, Quetta in C.P. No.27 of 2002).
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASI AND FAQIR MUHAMMAD KHOKHAR, JJ
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Civil Appeal No. 993 of 2002, heard on 4-01-2005.(On appeal from judgment dated 3-6-2002 of the High Court of Balochistan, Quetta in C.P. No.27 of 2002).
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASI AND FAQIR MUHAMMAD KHOKHAR, JJ
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BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, QUETTA through Controller of Examinations and others
VS
YASIR ARAFAT and others Per Faqir Muhammad Khokhar, J; Sardar Muhammad Raza Khan, J. agreeing[Majority view].- BOARD OF INTERMEDIATE AND SECONDARY E
Law:
Section:
Educational institution--------Examination---Internal discipline of students, maintenance of---Procedure---Using of unfair means---Candidates were proceeded against for using unfair means during examinations---Extra sheets used by the candidates did not bear signatures of authorized officer nor the same were shown to have been issued to them by the officer concerned--Candidates had given ditto answers to same, questions using same sentences, contents and material word by word without there being slightest difference or variation of sentences, grammar and words--Board of Intermediate and Secondary Education after giving show-cause notice to the candidates, cancelled their result---High Court in exercise of Constitutional jurisdiction, set aside the order passed by the Board--Validity---Held, in the matter of maintenance of internal discipline of students, the examining bodies were not required to follow the rules of procedure and evidence like that of Criminal Courts---Even the examination of witnesses in presence of students might not be feasible or practicable in certain eventualities---Bodies like Boards of Intermediate and Secondary Education were required to act fairly, justly and reasonably in the cases of disciplinary action against the candidates who appeared in examination---Strict application of rules of natural justice was not insisted upon in such cases---As long as the candidate was given fair and reasonable opportunity of defending his case then in the absence of any proof of malice or arbitrariness on the part of authorities concerned, High Court was not expected to substitute the findings of fact recorded by domestic Tribunals based on the relevant material on record---High Court was not correct in observing that if some unfair means were used, the same were to be pointed out at the time of examination---Any negligence or collusion by the officials of Board of Intermediate and Secondary Education could not provide a valid justification for condoning the use of unfair means by candidates--Judgment passed by High Court was set aside and the order of the Board was restored---Appeal was allowed. Ahmed and 3 others v: Vice-Chancellor, University…
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