Muhammad Javaid Iqbal vs Board of Intermediate and Secondary Education Examinations

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Muhammad Javaid Iqbal VS Board of Intermediate and Secondary Education Examinations---Result, quashing of --- Evidence against the student / candidate, deficiency of---Student/candidate (plaintiff) who appeared and passed Matriculation examination filed a suit challenging quashing of his result vide two letters ('impugned letters') issued by the Disciplinary Committee of Board of Intermediate and Secondary Education Faisalabad (BISE Faisalabad )---Trial Court dismissed suit of the plaintiff /student---Appellate / District Court set-aside judgment and decree passed by the Trial Court declaring the impugned letters null and void on basis that proceedings of Disciplinary Committee were not as per law, however, referred the matter to same (Disciplinary Committee) and directed that inquiry against the student / candidate would be pending and same would be carried out in accordance with law---Held: Evidence adduced by the parties revealed that two persons, including Retired Assistant Controller, appearing as witness for respondent-Board during cross-examination had deposed to the effect that petitioner / plaintiff had appeared in the examination fulfilling all requirements without any complaint and was issued certificate rightly---Thus, said particular piece of evidence clearly reflected that respondent-Board had no case against the petitioner/ plaintiff on merits---On the other hand , all the witnesses produced by the petitioner / plaintiff stood the test of cross-examination and remained unscathed; no contradictions were found in their testimony , rather they remained firm with regard to the stance of the petitioner / plaintiff --- There was not a single suggestion put to the petitioner / plaintiff during the cross-examination that he did not appear in the examination or that he procured the result card by employing unfair means --- On the other hand , evidence led by the respondents -Board was full of material discrepancies---Defence witnesses, during their cross-examination , admitted the stance of the petitioner / plaintiff that he(plaintiff) appeared in the examination and passed it and certificate was issued to him and they (witnesses) did not say that petitioner/plaintiff procured certificate by using unlawful means---Courts below while passing impugned judgments and decrees ignored said piece(s) of evidence and committed non-reading and mis-reading of evidence and in such cases interference was permitted in revisonal jurisdiction of High Court---Thus, the Appellate / District Court erred in law as well as facts of the case while passing the impugned portion of judgment of remand resulting in miscarriage of justice ---High Court set-aside the impugned portion of judgment and decree passed by the Appellate Court, consequent whereof , the suit instituted by the petitioner stood decreed as prayed for---Revision was allowed, in circumstances.

Muhammad Javaid Iqbal vs Board of Intermediate and Secondary Education Examinations — 2025 MLD 1307 LAHORE-HIGH-COURT-LAHORE

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