1991 PLP 726 (CLC)

Tariq Zulfiqar Ahmad Chaudhry for Petitioner. Date of hearing: 22nd October, 1990. Through this Constitutional Petition Syed Qaiser Sajjad Sherazi 'petitioner seeks declaration to the effect that the charge sheet dated 3‑7‑1989 and the order of Chairman Board of Intermediate and Secondary Education, Multan disqualifying him for four examinations w.e.f. Annual 1989 to Supplementary 1990, are without lawful authority and of no legal effect.

2. The facts leading to this petition briefly are that the petitioner appeared in S.S.C. (Annual) Examination, 1989 with Roll No.9446 from Kot Sultan Centre. While examining the paper Urdu‑11, Muhammad Sarwar Khan, Head Examiner Udru‑II, made following report to the Controller Examinations, Secondary Board of Multan:‑-- On this, the petitioner was charged sheeted. He submitted explanation After hearing him, the Disciplinary Committee passed following order against him:‑-- Feeling aggrieved thereby, he filed appeal which was dismissed on 15‑5 1990, hence this petition.

2. Learned counsel for the petitioner submits that the petitioner was not caught red‑handed in the examination hall giving/receiving illegal assistance to/from Roll No.9447 in solving paper Urdu‑11 and that he has been condemned on surmises and conjectures. Learned counsel for the respondents has supported the impugned action against the petitioner on the ground that he was charge -sheeted and was given opportunity of being heard before the impugned action was taken against him.

3. I have considered the submissions made by the learned counsel for the parties. I feel persuaded to agree with the learned counsel for the petitioner. Undisputedly., neither the petitioner nor candidate with Roll No.9447 was detected giving/receiving illegal assistance to/from each other although there were, Deputy Superintendent and Superintendent at the time of examination. There is also no other direct evidence against the petitioner giving/receiving illegal assistance to/from Roll No.9447. The report of Muhammad Sarwar Khan, Head Examiner is based on the circumstances of almost similarity of the answers of the two candidates, i.e. the petitioner and Roll No.9447. This circumstance may create suspicion against the two candidates but suspicions after all are suspicions and do not take place of proof. No one can/should be condemned on the strength of circumstantial evidence unless it excludes all the hypotheses of the innocence of the person proceeded against. In the instant case, the possibility that after one of the two candidates had handed over his answer book to the Examiner in the Examination Hall, the same was allowed by the Superintendent/Deputy Superintendent/other staff to be copied by another candidates cannot be excluded. The following observation made by the Disciplinary Committee is of great significance:‑

So, it is very much clear that the Disciplinary Committee failed to detect the true state of affairs. So the benefit of confusion and doubt must go to petitioner. For all these reasons, I am convinced that the petitioner has been condemned without legal and factual justification. So the impugned order is declared to be illegal, without lawful authority and of no legal effect. However, the parties shall bear their own costs. H.B.T./Q‑42/L` Petition allowed.