THE CONTROLLER OF EXAMINATIONS, UNIVERSI1Y OF THE PUNJAB, LAHORE And 3 Others vs SHAMIM AKBAR
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal, highlighting a divergence of judicial opinion regarding whether a candidate benefiting from an academic malpractice or tampered record can be presumed responsible for it without specific evidence. The Court notes conflicting precedents, wherein one line of authority holds that being a sole beneficiary is insufficient to prove wrongdoing, while another view suggests that such benefit raises a presumption of involvement. Finding it desirable to settle this cleavage of opinion through an authoritative pronouncement by a larger bench, the Court grants leave to appeal. Furthermore, the Court directs that the appeal be fixed for hearing before a bench of five judges at an early date, while rejecting the petitioners' prayer for the suspension of the operation of the impugned High Court order.
- Whether a candidate who benefits from a tampered academic record can be presumed ipso facto to be responsible for the malpractice?
- Does the circumstance of benefiting from an examination malpractice constitute sufficient proof of a candidate's wrongdoing without specific evidence?
- How should conflicting judicial precedents regarding the presumption of responsibility in examination malpractices be reconciled?
ORDER
1. NASIM HASAN SHAH, J.--There appears to -be some difference of opinion expressed in the judgments of this Court on the question whether a candidate who benefits from a wrong, he can be presumed ipso facto to be responsible for it or whether specific evidence must be adduced to establish his wrong doing. In PLD 1977 SC 838 it was held that where the candidate's marks were increased by tampering with the record andhe was obviously beneficiary of this malpractice, the said sole circumstance would not be sufficient to prove that the candidate was responsible for the said malpractice.
2. However, a somewhat different view was taken by this Court in Rabat Siddiqui v Board of Intermediate and Secondary Education 1977 SC M It 213 which decision appears to have been followed in Akhtar Ali v . University of the Punjab 1979 SCMR 549 where it was held that the circumstance that the candidate benefited from the malpractice, raised a presumption that he had something to do with it.
3. It appears desirable to settle this cleavage of opinion by an authoritative judgment. Leave is accordingly granted.
4. The case should be fixed for hearing at a very early date with the appeal of the learned H.C.J.
5. Before a Bench of five HJJ.
6. The appeal shall be made ready on the present record with liberty to the' parties to add further documents, if any. However, the petitioners' prayer for suspension of the operation of the High Court's order is rejected.
Cited by 1 case
- MUHAMMAD AHSAN vs GOVERNMENT OF PUNJAB through Secretary 2000 YLR 1596