' ABDUL HAMEED DOGAR, J.---The petitioner has sought leave to appeal against the judgment dated 14-9-2002 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby Constitutional Petition No,16651 of 2002 filed by petitioner Intisar Hussain was dismissed.
2. The petitioner had filed nomination papers for contesting election from Constituency 103- Hafizabad-II. During the scrutiny of the nomination paper by the Returning Officer, an objection was raised by respondent No,1 that the BA Degree produced by the petitioner was bogus. Respondent No,3, Returning Officer, asked for the verification of the said degree from the University of Punjab, Lahore, and the Assistant Controller (Certificates), University of Punjab, Lahore, vide letter dated 30- 8-2002 reported that the degree was found bogus as in the main Gazette Notification, the result of the petitioner was cancelled. On the basis of such report, his nomination paper was rejected by the Returning Officer.
3. Being dissatisfied, the petitioner assailed the order in appeal before the learned Election Tribunal and during the arguments, the copy of the said degree was handed over to Mr. Muhammad Abdullah. Assistant Controller, University of Punjab, Lahore, for verification, who in his report further added that the petitioner had appeared in B.A./B.Sc. Annual Examination, 2002 under Roll No,26938 and a case of committing unfair means by impersonating in Islamic Studies Paper-B was registered against him on the report of the Center Superintendent. Irrespective of registration of criminal case against him, the University Disciplinary Committee had initiated separate proceedings against him. The Committee had issued a charge-sheet to the petitioner on 22-6- 2002 and had also required him to appear before the Committee on 24-8-2002 and 3-9-2002 but he did not turn up, therefore, he has been issued last and final notice to appear before the Committee on 10-9-2002 for final decision. Accordingly, the said degree of 1992 of the petitioner was bogus, thus this appeal was dismissed.
4. Thereafter, the petitioner filed the above mentioned writ petition before the learned Division Bench of the Lahore High Court, which too, dismissed the same in limine vide the impugned order.
5. Mr. Ihsan-ul-Haq Chaudhry, learned Advocate Supreme Court for the petitioner has contended that the petitioner in fact had cleared Annual Examination, 1992 under Roll No,18954 but due to inadvertence, his result was shown as cancelled. Since, it was a clerical mistake, as such, he applied for issuance of the result and accordingly after necessary verification, and getting report, he was declared successful having obtained 286 marks and the said notification was issued on 16- 2-1993. Accordingly, the Result Card as well as the degree 'were issued. When confronted with the report of Mr. Muhammad Abdullah, Assistant Controller, University of Punjab, Lahore, about appearance of the petitioner in B.A./B.Sc. Examinations, 2002, under Roll No,26938 and lodging of a criminal case for unfair means, learned Advocate Supreme Court candidly admitted that one Arshad had appeared in the examination in place of the petitioner intentionally to deprive him from contesting the election.
6. We have gone through the above mentioned report submitted by the University of Punjab in response to the letter sent by the Returning Officer for verification of the petitioner's B.A. Degree whereby it is clearly mentioned that the record was checked and the degree was found bogus. The report further reveals that the petitioner has also appeared in B.A./B.Sc. Annual Examination, 2002 under Roll No,26938 and a case of unfair means of impersonation in Islamic Studies Paper has been registered against him on the report of the Center Superintendent. The contention of the petitioner's counsel that one Arshad had appeared in the said Examination, 2002, in place of the petitioner, on the contrary further confirms that the petitioner was not a previous Graduate but attempted to get the degree by unfair means in order to contest election. We also do not find any exception to the concurrent findings of facts recorded by the two Courts on the degree being bogus.
7. For the foregoing reasons, petition being devoid of force is hereby dismissed and leave refused.