1. ' 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.
2. ' 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.
3. ' 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, he 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.
4. ' 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.