' SHAH KHAWAR, J.---The petitioner has challenged the order dated 16-5-2013 conveyed to him through Secretary Disciplinary Committee, Bahauddin Zakariya University, Multan, according to which the petitioner has been disqualified for three years from appearing in any University Examination till annual examination, 2014. The said order was issued on the alleged allegation of using unfair means in the B.A/B.Sc. Supplementary Examination, 2012 in the subject of English Paper-B.
2. Report and parawise comments were called from the respondents, which accordingly filed.
According to annexure R-I, enclosed with the para wise comments, the Secretary Disciplinary Committee vide nothing dated 18-2-2013, recommended as under:- "It is submitted that on the direction of Authorities the answer book of fictitious Roll No,20529 original Roll No,9289 of English Paper-B B.A./B.Sc. Supplementary, 2012 has been checked with corner which does not match each other.
' It is therefore, requested that an Unfair Mean Case may kindly be registered against Roll No,9289.
Secretary Disciplinary Committee may also be directed to inform the Assistant Controller (Tabulation Branch) accordingly.
' Original answer book along with come is enclosed for kind perusal/order please."
' The said nothings made by the Secretary Disciplinary Committee is to be read with memorandum/charge sheet dated 19-2-2013 issued to the petitioner, which is also reproduced herein under:- "It has been observed that in English Paper-"B" for B.A/B. Sc. Supplementary Examination, 2012 the Answer-Book has been identified as different from that issued to you in the Examination Hall. It has also been reported that the same has been replaced after the Examination is over. Thus you have been found guilty of deliberate previous arrangements to cheat with the connivance of someone in the Examination, in violation of Regulation No,14, printed over leaf."
3. Heard. Record perused.
4. Bare reading of the above said nothing and charge sheet issued to the petitioner reflects that if the allegations levelled upon the petitioner are correct, then the question arises that the petitioner must have undertaken illegal exercise in connivance with the staff of the examination department.
When asked from the learned counsel appearing on behalf of the respondents as to whether the respondents probed into the matter regarding involvement of any of the official of the University, the learned counsel could not assign satisfactory answer.
5. The alleged allegation against the petitioner that the answer sheet has been identified as different from the one that was issued to the petitioner in the Examination Hall. Further that same has been replaced after the examination was over. If this is the case of respondents, then the responsibility also lies upon the respondents, then the responsibility also lies upon the respondents, especially on their examination branch which failed to keep maintain secrecy and this important aspect of the matter was never investigated. Even otherwise, the allegations levelled against the petitioner are ambiguous and vague in nature. On the basis that the answer sheet of English Paper-B, B.A/B.Sc. Supplementary Examination, 2012, the corner did not match with the other, such harsh punishment is not justified.
6. The Courts in Constitutional jurisdiction normally do not interfere in the disciplinary matters of the Institutions, but keeping in view the present case, inteference would be warranted. To keep the sanctity and discipline of the University intact, I will restrain myself from passing any declaratory judgment/order against the respondents which may cause prejudice to the reputation of the Institution. Keeping in view this aspect of the matter, I consider not to interfere in the findings arrived at by the University against the petitioner, but modify the disqualification from "three years" to "two years". The punishment awarded to the petitioner will remain, but with the above modification.
6(sic) The instant writ petition stands disposed of in the above terms.