1980 PLP 558 (SCMR)
ABDUS SABOOR KHAN-Appellant Versus KARACHI UNIVLRSITY AND ANOTHER-Respondents
| Citation | 1980 PLP 558 (SCMR) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J., Muhammad Yaqub Ali and Abdus Sttar, JJ |
| Parties | ABDUS SABOOR KHAN-Appellant Versus KARACHI UNIVLRSITY AND ANOTHER-Respondents |
| Primary Law | Educational institutions, ORDER |
Q1: What are the key laws and sections cited in 1980 PLP 558 (SCMR)?
This judgment primarily cites: Educational institutions, ORDER as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1980 PLP 558 (SCMR)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J., Muhammad Yaqub Ali and Abdus Sttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1980 PLP 558 (SCMR) (ABDUS SABOOR KHAN-Appellant Versus KARACHI UNIVLRSITY AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Talmiz S. Burney, Advocate Supreme Court instructed by A. Aziz M. Dastgir, Attorney for Appellant.
- Ali Ahmad Fazeel, Advocate Supreme Court (Mohd. Arif, Advocate Supreme Court with him) instructed by V. A. Kidwal, Attorney for Respondents.
- Date of hearing : 3rd June, 1965.
Headnotes / Summary
In the matter of Miscellaneous Application).
Interim order tot admission-Appellant, a student, appealing against an adverse order passed by University and seeking interim order enabling him to join next higher class pending final decision of appeal-Appellant if successful, would be able to continua his studies without interruption and if not successful would have to discontinue his studies thereby causing no injury to University Appellant in circumstances directed to be provisionally admitted to next higher class. CORNELIUS, J.-This appeal came up for hearing on the 31st May, 1965 but owing to its importance was adjourned so that it could be heard by the Full Court. The appellant seeks an order from the Court enabling him to joint the next higher class in the Engineering College. Mr. Talmiz Burney, on his behalf, stresses that the appellant had recieved first class marks in the examination in which he is alleged to have used unfair means, and further that the opinion was, not that he had copied anything from his neighbour in the examination hall, but that the neighbour had copied from him. Mr. Fazeel, for the `University, produced photostat copies of the two answer books and indicated certain common features which, in his submission, provided clear proof of one being copied from the other. On a general examination of the two books, certain marked differences also appear, so that the desired conclusion cannot be immediately drawn. We consider that the circumstance justify grant of the interim relief sought, so that the appellant's course of studies should not be held up on account of this appeal. In case it succeeds, be will be able to continue his studies without interruption. In the other case, he will have to discontinue his studies, and no injury will have accrued to the University. It is not urged that there will be any difficulty in finding a, seat for him in the next higher class. We direct therefore that he be admitted provisionally to the next higher class, subject to the result of the appeal. It will be set down for hearing at Lahore on an early date in the month of October, 1965. Order accordingly.
Judgment & Decree
Talmiz S. Burney, Advocate Supreme Court instructed by A. Aziz M. Dastgir, Attorney for Appellant. Ali Ahmad Fazeel, Advocate Supreme Court (Mohd. Arif, Advocate Supreme Court with him) instructed by V. A. Kidwal, Attorney for Respondents. Date of hearing : 3rd June, 1965. CORNELIUS, J.‑This appeal came up for hearing on the 31st May, 1965 but owing to its importance was adjourned so that it could be heard by the Full Court. The appellant seeks an order from the Court enabling him to joint the next higher class in the Engineering College. Mr. Talmiz Burney, on his behalf, stresses that the appellant had recieved first class marks in the examination in which he is alleged to have used unfair means, and further that the opinion was, not that he had copied anything from his neighbour in the examination hall, but that the neighbour had copied from him. Mr. Fazeel, for the `University, produced photostat copies of the two answer books and indicated certain common features which, in his submission, provided clear proof of one being copied from the other. On a general examination of the two books, certain marked differences also appear, so that the desired conclusion cannot be immediately drawn. We consider that the circumstance justify grant of the interim relief sought, so that the appellant's course of studies should not be held up on account of this appeal. In case it succeeds, be will be able to continue his studies without interruption. In the other case, he will have to discontinue his studies, and no injury will have accrued to the University. It is not urged that there will be any difficulty in finding a, seat for him in the next higher class. We direct therefore that he be admitted provisionally to the next higher class, subject to the result of the appeal. It will be set down for hearing at Lahore on an early date in the month of October, 1965. Order accordingly.