1988 PLP 274 (SCMR)

JAVID IQBAL. J.--This petition for leave to appeal has been filed by Muhammad Asghar and Syed Baqir Hussain petitioners against the Chairman, Board of Technical Education Lahore and Province of Punjab through Secretary, Education Department Punjab, Lahore respondents. It is against the order dated 15th September, 1987 passed by a Division Bench of the Lahore High Court in Intra-Court Appeal No. 111 of 1987. Briefly the facts are that the petitioners appeared as exmainees for Diploma of Associate Engineers at Examination Centre No.1 Rasul for annual examination 1985 on 7th January, 1987. Hafiz Muhammad Umar was appointed as Superintendent at the aforesaid examination centre, but on the evening of 6th January, 1987 he was forcibly abducted by four armed persons so as to prevent him from acting as Superintendent of the said examination centre. He eventually reported the matter to respondent No.1 and thereafter under the orders of the District Magistrate Gujrat a Magistrate First Class was directed to hold a judicial inquiry. This inquiry led to the registration of a case under section 365/342/209, P.P.C. against the accused persons who had abducted the Superintendent. The result of the inquiries conducted by the Magistrate, and the Controller of Examinations Punjab was to the effect that on 7-1-1987 due to the absence of Superintendent, the students at Centre No.1 were openly using unfair means. They were freely preparing notes from the relevant books and the teachers on duty were helping them. 65 students at this centre who were making use of unfair means were apprehended. The Board took cognizance of the matter and at its meeting held on 2nd April, 1987 unanimously decided to cancel the examination held on 7th January, 1987 and further decided to hold fresh examination for that centre without charging examination fee from the examinees. Aggrieved by the aforesaid decision of the Board the petitioners filed a writ petition which was dismissed by a learned Single Judge on 27th June, 1987. Thereafter, they filed I.-C.A. which was likewise dismissed by a Division Bench of the Lahore High Court, Lahore on 15th September, 1987. Hence the present petition for leave to appeal. It was contended by the learned counsel for the petitioners that the examination held on 7-1-1987 at centre No.1 was cancelled although there was evidence that massive unfair means had also been used by the examinees at examination centre No.2; but the Board did not take that action in the matter. On the contrary it declared the result of the examinees who had participated in the examination on 7-1-1987 at examination centre No.2. From the record placed before us it appears that unfair means had also" been used in examination centre No.2 but the result of the examinees was declared there. The grievance of the petitioners is that if there was evidence of unfair means having been adopted at both examination centres Nos. 1 and 2 then either examination at both the centres should have been cancelled or result of the examinees in both the centres should have been declared and that there should have been no discrimination. We are informed by respondent No.1 who is present in Court that examination for Diploma of Associate Engineers of 1985 has already commenced from 11th November, 198 and the present petitioners are appearing therein. He gave an assurance to the effect that the students who passed in the examination being held currently will be issued certificates that they had passed in 1985 examination. In view of this assurance given by the Chairman Board of Technical Education this petition is disposed of. M.I./M-256/S Order accordingly