1. MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from judgment dated 6-7-1981 of the Lahore High Court whereby it refused to interfere in its writ jurisdiction with a disciplinary action, by the respondent against the petitioner, for having attempted to cheet by replacing the inner sheets of official answer books, in the First Professional M.B.B.S. Examina--tion 1979 (held in 1980).
2. It is not denied that the sheets in dispute are not in the handwriting of the petitioner and further that they were placed into the original answer books by substituting the genuine sheets. The learned counsel for the petitioner has, however, contended that there was no evidence as required under para. 14 of the relevant Regulations that it was by a deliberate act of the petitioner.
3. It cannot be said that if the petitioner did it, there was no mens rea. He must have done it deliberately. The real question, however, is whether it was a case of no evidence.
4. The sheets in question were found in the answer book of the petitioner. This raised a strong presumption against him, the quantum of material exclusive field of the authorities) for reaching a finding of fact is within the exclusive concerned. The High Court rightly refused to interfere in this behalf.
5. Learned counsel also argued that the incriminating material was no collected in presence of the petitioner and that be was not afforded fame opportunity of hearing. It is not denied that he was given personal bearing. A written explanation was also submitted by him. Material could be collected in his absence also. None of the rules set out in Ahmad and 3 others v. University of Engineering and Technology (PLD1981SC464) has been contravened. This petition has no force and is accordingly dismissed.