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1990 SCMR 746

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, and others vs

Citation1990 SCMR 746
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1034 of 1989
Date1989-11-28
Judge(s)Ghulam Mujaddid Mirza, Nasim Hasan Shah, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.---The respondent was a candidate in the Intermediate Examination conducted by the Board of Intermediate and Secondary Education, Lahore. On 4-5-1988 he reached the Examination Centre minutes after the appointed time and immediately thereafter started creating disturbance by asking answers to the questions in the paper from the other didates. When he was stopped by the supervising staff he started quarrelling with them. He refused to write down his roll number on the answer book and then asked to give a written explanation he declined to do so. On the report submitted by the Senior Superintendent of the Centre, the Disciplinary committee of the Board initiated proceedings against him. He submitted a reply the allegations against him. After hearing him in person the Disciplinary committee debarred him from appearing in any examination till Spring 1989. He referred an appeal before the Committee of Appeal which was dismissed. He then filed a writ petition in the High Court. A learned Single Judge accepted the it petition and declared the orders of the Disciplinary Committee and the committee of Appeal to be without lawful authority on the ground that the charges were vague on which action could not be taken against the respondent. The Board as well as the Disciplinary Committee seek leave to appeal from the order of the High Court.

2. It is to be noticed that the period of disqualification has since expired. His petition is therefore now of an academic interest only. This is thus not a fit se for granting leave. We may however add that we are unable to support the ending of the learned Single Judge that the charges against the respondent were vague and there was no basis for taking action against the respondent. With these observations, the petition is dismissed.

Cited by 2 cases

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