' ABDUL HADI KHOSO, J.7-The petitioner being of the age of 17 years has filed this petition through his father Hassan Mumtaz seeking directions to the respondents to announce his result for Class X (Matric) and issue degree and marks certificates for the examination held in the year 2009. He has further mentioned that he was a student of Class X at Beacon House School, Steel Town Branch, Steel Town, Karachi and for the examination of Class X for the year, 2009 he was initially allowed the centre for examination being Government Secondary School Pipri, but later on it was changed to Government Boys Secondary School Port Qasim and he was allowed to take the examination there. The respondent Board of Secondary Education (BSE), Karachi, had announced, the result in July, 2009, but his result was withheld.
2. Notices were issued to respondents. The respondents Nos. 1 to 4 filed comments and stated that the petitioner was awarded Roll No,4308202 for appearing in Martric Examination, which falls in the centre known as Government Boys Secondary School, Steel Town, Pipri, Bin Qasim, but the petitioner without filing proper application and permission managed to alter the allotment chart for fixation of the centre by writing his own roll number and had managed to sit in the centre known as GBSS Port Qasim in connivance with the staff of the said school and solved the paper by cheating and such illegal act of the petitioner was highlighted in the newspaper. "The News" dated April 7, 2009. Consequently his papers were cancelled and he was debarred for one year from taking the same.
3. Heard Mr. Muhammad Nawaz Shaikh, Advocate for the petitioner and Mr. S. Masroor Alvi, Advocate for the respondents Nos.1 to 4, and Mr. Saifullah, A.A.-G. For the respondent No,5.
4. The learned counsel for the petitioner has argued that petitioner has excellent education career.
For SSC Part-II Examination initially the petitioner was allotted Government Secondary School Pipri for the examination, but subsequently at the request of his father, his centre was changed to Government Boys Secondary School, Port Qasim, Karachi as it was convenient to him, where he had appeared and attended all the papeRs, No one had stopped him from doing so, but while the petitioner was attempting his last paper, law and order situation was created and candidates were sent out of the examination hall, the copies were snatched from them. He has submitted that the respondent BSE had announced the result of SSC-II, Examination in July, 2009 but the petitioner's result was withheld.
5. The learned counsel for the respondents has argued that the respondents had never changed the centre of the petitioner but the petitioner unauthorizedly had appeared in the centre known as Government Boys Secondary School Port Qasim and he had appeared there by showing the illegal and forged documents and he was involved in cheating with the help of his mother and such photograph was published in the newspaper. As such, inquiry 'was held and a Five-member Committee and decision was taken on 11-5-2010, whereby the petitioner was held to be involved in cheating. Consequently the committee had decided to cancel examination of the petitioner and he was debarred for one year. He further argued that, the educational institutions are not required to act as criminal courts of law, while conducting the enquiries for which he relied upon the case of Ahmed and others v. Vice-Chancellor, University of Engineering and Technology reported in PLD 1981 SC 464.
6. We have heard learned counsel for both the parties and perused the case record produced before us.
7. It would be seen that prior to this petition the petitioner had filed C.P. No,D-2098 of 2009 in this court seeking similar reliefs as in the instant petition which was disposed of by directing the respondents to hold a proper enquiry in which the petitioner would be given a chance to adduce his evidence and also cross-examine the other side's witnesses. From the record of the case it is revealed that a show-cause notice No,BSE/Exams/UFM/Annual/586/2009 dated 3-4-2010 was issued to the petitioner by the Controller of Examinations, Board of Secondary Education Karachi, mainly alleging that he had changed the examination centre unauthorizedly and secondly he was caught in the act of copying/cheating, which was replied by the father of the petitioner on 5-4- 2010 but the petitioner failed to appear before the committee. Again a show-cause notice No,BSE/Exams/UFM/Annual/9/606/2010, dated 6-4-2010 was issued by the Controller of Examinations, Board of Secondary Education Karachi, calling upon the petitioner to submit his defence statement not later than 8-4-2010 and he was informed that further inquiry will be conducted by the competent authority on 9-4-2010 which was replied by the father of the petitioner on 12-4-2010. However, again the petitioner failed to appear yet again on 5-5-2010 another show-cause notice was issued to the petitioner as on the previous occasion he had failed to appear before the Committee. This time he appeared but failed to answer questions put to him on the ground that his counsel would do so. Finally the petitioner was gain summoned on 10-5- 2010 when he appeared and denied the allegations against him but failed to ask any questions to the Complainant.
8. In these circumstances the Five -member Committee of the Board of Secondary Education, Karachi held that the petitioner had changed the examination centre unauthorizedly without permission of the Board as he could not produce any copy of such application to indicate that, he had applied for change of the centre. Secondly, it was held by the Board that through the print media and television the photograph published in the daily newspaper "The News" the petitioner and his mother were found sitting in a special room and were solving the paper in unauthorized examination centre. As such, the Five-member Committee had reached the conclusion that the petitioner is involved in cheating and it was decided to cancel the examination and he was debarred for one year and it was held that he will be eligible to appear in all papers of SSC-II, Annual Examination, 2011, if he desire so.
9. From a perusal of the Committee's report it is observed that, the Five-member Committee of the Board of Secondary Education, Karachi has no enmity or grudge with the petitioner and gave ample opportunity to defend himself which he failed to do.
' The examination centre Sheet No,1 of Bin Qasim Town indicates the Seat No, of the petitioner has been added with handwriting with a pen and no application for doing so has been produced either before this court or the Committee. This only leads us to the conclusion that the petitioner's centre had been changed for extraneous and mala fide purposes. Consequently in view of the facts and circumstances there appears no need to interfere with the finding of Five-member Committee of Board of Secondary Education, Karachi regarding the conduct of the petitioner in the examination.
' The petitioner is therefore dismissed.