2000 PLP 1352 (SCMR)
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through Chairman, Lahore and 4 others — Petitioners Versus FAKHAR-UZ-ZAMAN — Respondent
| Citation | 2000 PLP 1352 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan, Raja Afrasiab Khan and Ch. Muhammad Arif, JJ |
| Parties | BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through Chairman, Lahore and 4 others — Petitioners Versus FAKHAR-UZ-ZAMAN — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2000 PLP 1352 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1352 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan, Raja Afrasiab Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1352 (SCMR) (BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through Chairman, Lahore and 4 others — Petitioners Versus FAKHAR-UZ-ZAMAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Maqbool Ahmad, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioners.
- Shehzad Shaukat, Advocate Supreme Court with Sh. Salahuddin, Advocate-on-Record for Respondent/Caveator.
- Date of hearing: 3rd February, 1998.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court passed in Writ Petition No-6331 of 1996 on 12-5-1997).
Art.185(3)
Candidate was disqualified for three terms
High Court in exercise of Constitutional jurisdiction had set aside the disqualification
High- Court distinguished the facts of the case of Ahmed and 3 others reported as PLD 1981 SC 464 and came to the conclusion that it was not denied by the Authorities that beyond lodging the complaint, even examination of the complainant was not gone ahead, muchless its corroboration sought from any other source-Leave to appeal was refused by Supreme Court. Ahmad and 3 others v. Vice-Chancellor, University of Engineering and Technology and another PLD 1981 SC 464 ref.
Judgment & Decree
CH. MUHAMMAD ARIF, J.
Leave is claimed against the judgment, dated 12-5-1997 whereby Writ Petition No.6331 of 1996 was allowed and the disqualification of the respondent, Fakhar-uz-Zaman for three terms commencing supplementary examination 1994 and ending two subsequent examinations was set aside.
2. Sh. Maqbool Ahmad, learned counsel appearing in support of this petition on behalf of the Board of Intermediate and Secondary Education, Lahore, hereinafter referred to as the Board, has relied upon Ahmad and 3 others v. Vice-Chancellor, University of Engineering and Technology and another (PLD 1981 SC 464) to contend that it is not necessary in all cases that the examination of the complainant in an unfair means case is sine qua non for the exercise of parental jurisdiction of the authorities in the Education Department. According to him, the very fact that the complaint against the respondent was available on the record, it was sufficient to proceed with the disqualification for the unfair means case by the petitioner authorities.
3. We have given our anxious thought to the case as unraveled in the memo. of this petition as also the available material. The learned Judge in Chambers in the High Court distinguished the facts of the case of Ahmad and 3 others (supra) and came to the conclusion that it was not denied by the A petitioner-authorities that beyond lodging the complaint, even examination of the complainant was not gone ahead, muchless its corroboration sought from any other source. The plea being raised in support of this petition is sans substance and we have not been persuaded to interfere in the exercise of its jurisdiction by the High Court. Accordingly, the petition is dismissed and leave is refused. Q.M.H./M.A.K./B-16/S Petition dismissed.