' MUHAMMAD YAWAR ALI, J.--- Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioners seek setting aside of orders dated 2-6-2011 and 1- 6-2011 issued by respondent No,3 whereby the petitioners who were students of Civil Engineering Department Bahauddin Zakariya University Multan were disqualified for one year from passing 2nd annual examination 2010 and from appearing in any University Examination till 1st Annual 2011 on account of unfair means case registered against the petitioneRs,
2. Briefly stated the facts of the case necessary for the disposal of this petition are that the petitioners were found cheating by the invigilating staff on 10-2-2011 while appearing in Paper CE- 405 of Transportation Engineering B.Sc. Civil Engineering 7th Semester 2nd Annual Examination 2010. Prima facie the petitioners, were found guilty of giving and receiving assistance to each other in the Examination Hall in clear violation of Regulations Nos.12 and 13 of the University Calendar. The petitioners created disturbance in the Examination Hall and by so doing prima facie also violated Regulation No,18 of the University Calendar. On 28-2-2011 the petitioners were issued a show-cause notice and directed to submit their reply within ten days of the receipt of the show-cause notice.
The petitioners submitted their reply and were also given a personal hearing by the Disciplinary Committee. On 30-5-2011 the Disciplinary Committee disqualified the petitioners for one year'(two chances) i.e. From passing 2nd annual examination 2010 and from appearing in any University Examination till 1st Annual 2011 by a unanimous decision.
3. The learned counsel for the petitioners submits that disciplinary proceedings initiated against the petitioners were tainted with mala fide. The petitioners are brilliant students hence it can safely be presumed that they would never resort to cheating in any examination. No independent person has come forward in support of the allegations levelled against the petitioneRs, Personal hearing given to the petitioners was nothing but sham proceedings. The petitioners are innocent and never adopted any unfair means while appearing in the examination.
4. After going through the arguments addressed by the learned counsel for the petitioners, Legal Advisor for Bahauddin Zakariya University, Multan and perusing the record it is clear that the petitioners were found cheating while appearing for examination on 10-2-2011 in paper CE-405 of Transportation Engineering B.Sc. Civil Engineering 7th Semester 2nd Annual Examination 2010. The petitioners were served with a show-cause notice. After obtaining replies of the show-cause notice the petitioners were called and given a personal hearing by the Disciplinary Committee. By a unanimous decision the petitioners were found to be guilty and disqualified for 1st year (two chances) i.e. From passing 2nd annual examination 2010 and from appearing in any University Examination till 1st Annual 2011. There is no mala fide on the part of the invigilating staff to have registered a false and unfair means case against the petitioneRs, The petitioners have been given every opportunity to defend themselves. No leniency can be shown in such-like cases otherwise it would erode the sanctity of an examination held at the level of a University.
5. For what has been stated above, this petition being without any merit stands dismissed.