1998 PLP 939 (SCMR)

AJMAL MIAN, J.

This is a petition for leave to appeal against the order dated 15-5-1995 passed by a learned Single Judge of the Lahore High Court in Writ Petition No.591 of 1995 against the notification dated 20-2-1995 cancelling the petitioner's result of Part II of the Higher Secondary School Certificate (H.S.S.C.) Annual Examination, 1994, on the ground of using unfair means in the examination hall, dismissing the same. 2 - The brief facts are that the petitioner appeared in the above annual examination in F.Sc. (Pre-medical Group) under Roll No.530165. His result was withheld by the Board of Intermediate and Secondary Education, Islamabad, on account of using unfair means. However, pursuant to the direction issued by the High Court in earlier Writ Petition No.1280 of 1994, it was declared provisionally. It seems that after the above declaration of the result, the Board initiated action against the petitioner, which culminated in issuance of aforesaid Notification dated 20-2-1995. Thereupon, the petitioner filed the aforementioned writ petition, which has been dismissed through the impugned order. The petitioner has, therefore, filed the present petition for leave to appeal.

3. In support of the above petition, Hafiz S.A. Rahman, learned Advocate Supreme Court for the petitioner, has contended that there was no reliable evidence on record to indicate that factually the petitioner was guilty of using unfair means. According to him, this fact has even been admitted in the impugned order by the learned Judge in Chambers. He has placed a copy of technical opinion of the Office of the Director Technical, Federal Investigating Agency, Islamabad, in which the following opinion appears in respect of the present petitioner:-- "Roll No.530165. Chemistry:--Sheet No 131820. The original writings, on pages Nos.3, 6, 11, 15, 17 to 19 have been chemically erased and other writings written thereafter on these pages. No sings of chemical or mechanical erasures are present on the following answer sheets:-- Urdu, Sheet No.134289, English, Sheet No.138405, Pak. Studies, Sheet No.178072. "

4. On -the basis of the above report, in our view, Disciplinary Committee was justified in inferring the factum that unfair means were used by the petitioner. Generally candidates cancel the answers of the questions which they find (while in the examination hall) are not correct and re-write instead of erasing and then re-writing so many pages. Even otherwise, this was a question of fact within the competence of the Disciplinary Committee and in the absence of any glaring illegality, the High Court could not have interfered with the above finding.

5. Then it was urged by Mr. Rahman that the Disciplinary Committee was not justified in canceling the entire result of Part II of H.S.S.C. Examination except the result of one paper, namely, Chemistry, which was involved, should have been cancelled.

6. This contention is also not tenable as it was for the disciplinary committee or the appellate forum to decide the question of quantum of punishment to be awarded. '

7. It was lastly urged that though under the aforesaid Notification dated 20-2-1995 the petitioner's result of Part II of the above examination has been cancelled and he has been allowed to appear in the Annual Examination of 1995, respondent No.1 is asking the petitioner to appear in Part I of the examination as well.

8. If that is so, it seems to be contrary to the above notification. We have no reason to hold that respondent No.1 will not take notice of the above fact if it is brought to its notice. The petition has no merits. Leave is refused. A.A./A-1380/S Leave refused.