ZAFAR IQBAL CHAUDHRY, J.--- Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, A.I Raza Zamir petitioner has challenged the impugned letter dated 2- 4-2007 whereby respondent No.2 cancelled and quashed the result of M.A Political Science Part-I, First Annual Examination, 2006 under Roll No. 34873 and also retain the result of LLB Part-III, First Annual Examination, 2006 under Roll No.205I of the petitioner.
2. The brief facts of the case are that the petitioner got admission in the Quaid-e-Azam Law College Lahore in the year 2002-03 and he appeared in the Annual Examination 2006 as a late student against Roll No. 002051.. He was declared as successful obtaining 315/700 marks vide Intimation Card dated 6-3-2007. The petitioner also appeared in M.A. Political Science Part-I Annual Examination, 2007 against Roll No. 034873 in the same registered No. 2K-KK-5 and was declared successful if the examination obtaining 243/500 mark vide Result Examination Card dated 27-12- 2006. However, subsequently the petitioner was issued a letter dated 10-3- 2007 by respondent No.2 whereby he was charged as under:--- "While checking the office record, it has been detected that you appeared in L.L.B. Part-III, First Annual Examination, 2006 and in M.A. Political Science Part I, First Annual Examination, 2006 under Roll No. 2051 and 34873 respectively in the. Same Sessions (2006). Thus, you used unfair means in the examination violating the Regulation 3 page 590 of the University Calendar Volume-I (2002)."
It is further stated in the said letter that the petitioner should submit explanation and to show cause as to why he may be not disqualified under regulation.
3. The petitioner was issued another letter dated 22-3-2007 by the respondent No. 2 directing him to appear before the Disciplinary Committee on 30-3-2007 at 9.00 a.m. To avail opportunity of being heard in person and he appeared and defended the case. Respondent No. 2 through letter dated 2-4-2007 informed the petitioner that the results of M.A. Political Science Part-I Annual Examination 2006, under Roll No. 34873 was cancelled and quashed while the result of LLB Part III Annual Examination 2006 under Roll. No. 2051 was retained under regulation No. 3 page 590 of the University Calendar Vol-I (2002) in the context of unfair means case registered against the petitioner.
4. Learned counsel for the petitioner submits that the impugned letter dated 2-4-2007 passed by respondent No. 2 is without lawful authority and the result of the petitioner could not be quashed as per rules and regulations of the Calendar of the University of the Punjab and no reasonable opportunity of showing cause was provided to the petitioner. It is further submitted that the case of the petitioner does not come within the purview of Disciplinary Committee dealing with the cases of alleged use of unfair means in connection with the examination and other matters affecting the discipline of the students as contained in Section 26 of the University of Punjab Act, 1873 read with Regulation. As such the impugned order/letter is illegal, without lawful authority and erroneous in the eye of law which is liable to be set aside.
5. Learned counsel for the respondents has submitted that the petitioner appeared in two examinations in violation of Regulation 3 Chapter VII of the Calendar of the University of the Punjab, Lahore which was not denied by the petitioner. The petitioner was properly given show cause notice dated 22-3-2007 (Annex: R/3) to appear before Disciplinary Committee and in response to the said notice he appeared before the Committee on the said date. He was given proper hearing by the Committee and when confronted with allegation he himself requested the Committee to cancel his result of M.A. Political Science and declare his result of LLB Part-III First Annual Examination, 2006. In view of his request the Committee decided to cancel/quash his result of M.A.
Political Science, Part-I First Annual Examination, 2006 and the petitioner was informed by the - decision of the Committee vide letter dated 2-4-2007. In support of his contention learned counsel for the respondents placed reliance on Chapter. VI General Regulations Empowering the Syndicate to quash the result or withdraw the Degree, Diploma or Certificate of a candidate and submits that the case of the petitioner fall within clause 3 of the said Regulation and no illegality has been committed by the respondents in the case of quashing the result of the petitioner of M.A. Political Science.
6. I have heard the learned counsel for the parties at length and also perused the record as also the impugned letter. It is very much clear in the impugned letter dated. 2- 4-2007 that the appearance in two examinations, i.e. LLB Part-III, First Annual Examination, 2006 and M.A Politic Science Part-I, First Annual Examination, 2006 is not disputed which is in violation of the Calendar of the University of the Punjab. The petitioner was issued show cause notice who in response to the said notice he appeared before the Disciplinary Committee and himself requested to quash to result of M.A. Political Science and retain the result of LLB Part-III, First Examination, 2006. The arguments of the learned counsel for the petitioners that the respondent has no power to cancel or quash the result of M.A. Political Science is not tenable in the light of the Regulation VI of the Calendar of the University which is reproduced as under:---
(1) All examinations shall be held at such centers as may be appointed by the Vice-Chancellor.
(2) No one who has passed an examination of the University, shall be permitted to reappear at the same. Examination except as specifically provided in the Regulation for the examination concern.
( ) A , candidate permitted to take a degree examination of the University shall not be permitted to take another degree examination same year."
4. As the petitioner was afforded proper opportunity of being heard by the Disciplinary Committee and on his request the result of M.A Political Science Part-I, First Annual Examination, 2006 was.
Quashed according to the regulation mentioned above, I see no force in this petition which hereby dismissed with no order as to costs. .