' CH. MUHAMMAD ARIF, J.---Leave is claimed against the judgment, dated 12-5-1997 whereby Writ Petition No,6331 of 1996 was allowed and the disqualification of the respondent, Fakhar-uz-Zaman for three terms commencing supplementary examination 1994 and ending two subsequent examinations was set aside.
2. Sh. Maqbool Ahmad, learned counsel appearing in support of this petition on behalf of the Board of Intermediate and Secondary Education, Lahore, hereinafter referred to as the Board, has relied upon Ahmad and 3 others v. Vice-Chancellor, University of Engineering and Technology and another (PLD 1981 SC 464) to contend that it is not necessary in all cases that the examination of the complainant in an unfair means case is sine qua non for the exercise of parental jurisdiction of the authorities in the Education Department. According to him, the very fact that the complaint against the respondent was available on the record, it was sufficient to proceed with the disqualification for the unfair means case by the petitioner-authorities.
3. We have given our anxious thought to the case as unrevelled in the memo. Of this petition as also the available material. The learned Judge in Chambers in the High Court distinguished the facts of the case of Ahmad and 3 others (supra) and came to the conclusion that it was not denied by the petitioner-authorities that beyond lodging the complaint, even examination of the complainant was not gone ahead, muchless its corroboration sought from any other source. The plea being raised in support of this petition is sans substance and we have not been persuaded to interfere in the exercise of its jurisdiction by the High Court. Accordingly, the petition is dismissed and leave is refused.