' This writ petition under Article 199 of the Constitutor, of Islamic Republic of Pakistan, 1973, is directed against the cancellation of C. Corn and D. Corn examinations conducted by the Punjab Board of Technical Education (hereinafter called the Board) from 6-6-1988 to 28-6-1988.
2. The facts and circumstances giving rise to the filing of this petition may be briefly enumerated. In view of the reports submitted by the Inspection Squads appointed by the Board, the Government, the Superintendents, Resident Superintendents, Resident Inspectors, Principals of the Institutions and the Assistant Controller of Examination, the Board came to the conclusion that the conduct of examination at the Government Commercial and Technical Institute, Shandara, Lahore, was scandalous and unfair means" were used in the C. Corn and D. Com examinations conducted during 6-6-1988 to 28-6-1988. In this background, it was decided by the Board to declare the examination null and void. Now the examinations afresh are to commence from 16-1-1989.
3. Case of the petitioners is that the alleged unfair means or other irregularities were not committed in all the sessions and centres of examination and, therefore, there was no justification for the cancellation of the results as a whole.
4. The Chairman of the Punjab Board of Technical Education, Lahore, was directed to study the whole matter afresh and submit his comprehensive report, which has since been filed. It is stated in the report that the impugned decision has been taken by the Board in view of the adverse reports received from various quarters revealing:--
(i) blatant use of unfair means was made;
(ii) copying from note-books, text-books, test papers and by helping and communicating each other;
(iii) under the threat of gun arms;
(iv) abusing, slapping supervisory staff;
(v) insulting the supervisory staff and squad through hooligans controlling the examination centres; and
(vi) even abduction of centre superintendent after the examination, protest and stoning at the premises of the Board are clear indications of lawlessness.
5. The learned Chairman of the Board has frankly conceded that as per reports received by the Board in certain centres, on certain dates, both morning and in the evening sessions, no report was received by the Board regarding any irregularity in the conduct of examinations. Mr. Ziauddin, Controller of Examinations has also made a statement in the Court to the following effect:-- "No complaint or report in writing was received by the Board either from the Inspection Squad or by the Superintendent concerned regarding irregularity in the conduct of examination at the Government Commercial Training Institute, Shandara, Lahore, on 7th, 8th, 9th, 13th, 16th, 18th, 19th and 20th of June, 1988, in the evening sessions pertaining to C. Corn. And D. Corn. Annual Examination, 1988. Likewise, no complaint or report was received regarding irregularity in the conduct of examination at the aforesaid centre in the morning sessions on 6th, 7th, 8th, 16th, 18th, 20th, 27th and 28th of June, 1988."
6. The question, therefore, which requires consideration is whether at the centres where no irregularity was committed on specific dates as mentioned in the statement of the Controller of Examinations, the examinees could be condemned unheard and examination vis-a-vis be annulled without proper show-cause notice. It will be wholly unjust that participants of the examination, who are innocent victim of something for which they were not responsible, be condemned unheard by annulling the examination. This view finds support from the dictum laid down in the University of Dacca v. Zakir Ahmed PLD 1965 SC 90. The examination cannot be annulled in so far as it relates to the above centre's participants on the said dates and sessions, when no irregularity took place at all, as stated above by the Chairman of the respondent Board and the Controller of Examinations before this Court. It is true that Rule 16 of the Conduct of Examination Rules, 1964, provides that notwithstanding anything to the contrary in these Rules, the Board shall have power to (i) to hold an additional examination in the same year for special reasons; and (ii) cancel the entire examination or part thereof held at a particular centre if it is satisfied that the examination has not been held under proper conditions. The provisions of this rule are not attracted in respect of the aforesaid centres and sessions with dates mentioned above, inasmuch as, it is not proved that the examination has not been held under proper conditions. I am, therefore, of the considered view that cancellation of the results of the aforesaid sessions and the dates mentioned above, are outside the purview of Rule 16 ibid and to this extent they are declared as without lawful authority and of no legal effect.
7. As to the annulment of the results of the other sessions, a finding of fact has been recorded by the Board, a domestic body, after taking into consideration various reports of the Inspection Squads and other officials that massive unfair means have been used in the conduct of the examination and, therefore, there is no justification for quashing the annulment of the impugned decision of the Board in the absence of any evidence on record to the contrary. To this extent alone the impugned decision does not suffer from any legal infirmity.
8. Be that as it may, the Chairman of the Board has also made a statement that the candidates affected by the decision of the Board will be given chance of a special examination. They can also appear in the examination scheduled to be held on 16-1-1986. If they opt to appear in this examination, no examination-fee will be charged. The petitioners may, therefore, avail of the benefit. If they so desire, in the light of the concession made by the Chairman of the Board.
9. In the result, the writ petition is partly accepted to the extent that the annulment of C. Corn. And D. Com. Annual Examinations, 1988 held at the Government Commercial Training Institute, Shahdara, Lahore, on 7th, 8th, 9th, 13th, 16th, 18th, 19th and 20th of June, 1988 and in C. Corn. And D.
Corn. Annual Examinations held at the aforesaid centre in the morning sessions on 60, 7th, 8th, 16th, 18th, 20th, 27th and 28th June, 1988, are without lawful authority and of no legal effect. The respondents are directed to declare the results of the aforesaid examinations forthwith. The parties shall bear their own costs.