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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD TAHIR VS Respondent: THE CHAIRMAN, HIGHER AND SECONDARY EDUCATION BOARD, SARGODHA and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title:MUHAMMAD TAHIR vs THE CHAIRMAN, HIGHER AND SECONDARY EDUCATION
BOARD, SARGODHA and others Case No.: Civil Petition for Special Leave to Appeal No,709 of 1983 Date of Judgment:1988-11-15 Reported As: 1989 SCMR 599 Result: Leave to appeal refused Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--A student against whom disciplinary action was taken on account of using unfair means in an examination, challenged the same in writ jurisdiction of the High Court. Having failed to obtain relief he has sought leave to appeal. One of the unfair means was that after recording some answers in the answer book the remaining pages were left blank; but ultimately the answer book was found to be tampered with, the seal mark of "blank", was erased on the blank sheets and further answers were rendered on those pages. ' After having been found guilty the petitioner was dealt with in accordance with law. ' The learned counsel for the petitioner has challenged the dismissal of the writ petition on the ground that there was no material to show that the petitioner was responsible for or privy, to the tampering with of the answer book; notwithstanding the fact that he alone was the beneficiary in that behalf. We do not agree with him. The Disciplinary Committee rightly acted on the circumstantial material and high probability. No law including that relating to evidence, prohibited such an approach. ' After hearing the learned counsel we have not been able to find any error in the, impugned judgment. Leave to appeal is, therefore, refused.
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