Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Educational institution---Using unfair means in examination---Cancellation of result card---Petitioner who appeared in Intermediate Examination held in the year 2004, having been found using unfair means, was declared disqualified by the committee for six examinations and his result card of Matriculation was also cancelled---Petitioner had challenged such cancellation---Petitioner had passed his matriculation examination in the year 1978, whereas he appeared in Intermediate Examination in the year 2004 wherein he was found using unfair means for which he had already been punished by restraining him from appearing in the examination of Intermediate for six times---Petitioner did not use unfair means in the Matriculation Examination wherein he was eligible to appear in the examination in the year 1978, when he cleared the same and it became a past and closed chapter---Nothing had been brought to the notice of the Board that the petitioner had obtained the matriculation certificate by using unfair means as well--Order of cancellation of matriculation certificate of the petitioner was not sustainable as examination of matriculation had no nexus with the Intermediate examination---Both being different entities, the petitioner could not be penalized by cancellation of his matriculation certificate---Impugned order for cancellation of matriculation certificate of the petitioner, was set aside. 2001 CLC 759 and PLD 2004 SC 25 ref. Qaiser Mehmood Sara for Petitioner. Sheikh Shahid Waheed for Respondents. ORDER IJAZ AHMAD CHAUDHRY, J.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks setting aside of the order dated 22-6-2007 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…

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