Calendar of Board of Intermediate and Secondary Education Sargodha

Interference declined by Authority for no error permissible for correction under R. 15, Chap V of Calendar Board of Intermediate and Secondary Education was found

Petitioner's Constitutional petition seeking direction to the Board to get reexamination and to re-evaluate answer books through panel of examiners did no: bear fruit

Validity

Papers of petitioner were rechecked and no mistake was found with regard to marks obtained by him in terms of R.1 5 of the Calendar

Prayer by petitioner for re-examination and re-evaluation of answer books through panel of examiners did not fall within four corners of provision of law

High Court was thus, justified in refusing to interfere in the matter of educational institution in exercise of its Constitutional jurisdiction beyond the scope of R.15, Chap. V of the Calendar

Leave to appeal was refused in circumstances.

[Educational institution].

Employee was administered warnings many a time for dereliction in the performance of his duties before termination of his services

Authority's categorical offer that employee's services be considered terminated during probationary period without any stigma was accepted by High Court and direction was issued to the effect that employee's services would be deemed to have been terminated without any stigma during probationary period.

Petitioner alleging evaluating his papers in a mala fide manner in vague and general terms without there being any specification

Once any answer book was evaluated and duly marked by the examiner, no interference was justified in Constitutional jurisdiction by the High Court especially when Authorities in accordance with requirement of law had re-checked petitioner's papers and found no mistake therein

Petitioner having not made all those examinees as party who had secured higher marks than him and against whom relief was claimed, his Constitutional petition was not competent on that score also

Roving enquiry in exercise of Constitutional jurisdiction could not be undertaken to make out a case of re-checking for the petitioner

Petitioner was not entitled to relief in circumstances.

Leave to appeal was granted to consider the application and construction of para. 18 of Chapter V of the Calendar; and whether examinee's appearance before the enquiry committee was due compliance of providing him with a reasonable opportunity of being heard or was he entitled to a further hearing by the Board of Intermediate and Secondary Education.

Petitioner notified as a successful candidate in Intermediate Examination. but his result was quashed after four years from date of declaration when he had already passed Bachelor of Arts Examination and got employment and especially when power of Board to cancel result had already expired under proviso to rule 18 of Chapter 5 of Rules in Calendar of Board Vo1. II (Revised Second Edition), 1984

Held, order of Board cancelling result of petitioner was without lawful-authority and of no legal effect

Board being a tribunal of limited jurisdiction, was bound by its Rules

Without going into question of fraud, which petitioner vehemently denied, declaration of his result in contemplation of rules, had become a past and closed transaction and created a legal right in his favour and it could not be cancelled after expiry of period of four years.

Art. 9-Calendar of Board of Intermediate and Secondary Education Sargodha, Regln. 8(1) & (2)-Unfair means-Marks of answers to certain questions given after adding answers subsequently without any authority or jurisdiction-Order of Disciplinary Committee and Appellate Committee disqualifying petitioner, held, unexceptionable.