1980 PLP 527 (SCMR)

Mian Muzafar Ahmed, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate‑on‑Record for Petitioner. Ch. Ijaz Ali, Advocate Supreme Court for Respondents. Date of hearing : 30th October 1979. NASIM HASAN SHAH J.‑This matter relating to a student appearing in the Matriculation Examination, who was disqualified from passing the April examination. wherein he was found guilty of using unfair mean and from appearing in three subsequent examinations has come before this Court for the second time. On the previous occasion this Court by its order dated 28‑3‑1979 while disposing of C. P. S. L. A. No. 613 of 197$ remitted the case to the Disciplinary Committee, after it was constituted afresh, for a de novo enquiry into the charges against the petitioner. The Disciplinary Committee again considered the matter and vide its order dated 16.4‑1979 found the petitioner guilty and his appeal against the said determination was also dismissed by tire Committee of appeal on 3.5‑1979. He then moved the High Court by a Writ Petition (N. P. No. 3308/79) which was dismissed .Hence this petition for leave to appeal. We observe that the unfair means alleged to have been adopted by the petitioner consist of taking help from a piece of paper for answering a question carrying 5 marks from note extracted from the "Bazme Adab of School". As we were told that the petitioner had done extremely well in all the other papers and his previous career was excellent having stood first in practically every class in his school (Convent of Jasus & Mary's, Sialkot) we sent for a representative of the respondent to be present along with the record. Accordingly the legal adviser of the Board of Intermediate & Secondary Education, Lahore. appeared before us along with the record. We have perused the relevant record and observe that the objectionable material allegedly used by the petitioner is not in the handwriting of the petitioner and further that the answer given in his answer book is not an exact reproduction of the objectionable material allegedly recovered from him. Considering that the student had studied the text from the prescribed book, the similarity in the objectionable material and the answer given was only to be expected. We also find that the petitioner has done fairly well in other papers. We have also learnt that he is one of the four selectees out of the 700 candidates for an Air Force Course. Be that as it may we consider that this case required further consideration in order so examine whether the Educational authorities have disposed of the case on remand in conformity with the intent and `t spirit of the order of this Court passed on 28‑3‑1979. Leave to appeal is accordingly granted. Security in the sum of Rs.

500. Meanwhile operation of the orders of the Disciplinary Committee dated 16‑7‑1979 and the Committee of Appeal dated 5‑5‑1979 shall remain suspended. Respondent No. 1 is also directed to announce the result of the petitioner's examination subject to the final decision of the appeal in this Court. The appeal shall be made ready for hearing on the present record with liberty to the parties to add all such further documents, which they may so desire. Filing of the concise statements is, however, dispended with. The appeal shall be fixed for hearing within three months. Petition accepted.