Pakistan Case Law
1998 SCMR 114

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LAHORE through Chairman and 2 others vs ILYAS MEHMOOD NIZAMI

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Citation1998 SCMR 114
CourtSupreme Court of Pakistan
Case No.Civil Petition No,361-L of 1997 I.C.A. No,3 of 1997 W.P. No,20809 of 1996
Date1997-04-02
Judge(s)Zia Mahmood Mirza, Irshad Hasan Khan and Raja Afrasiab Khan
Authored byZia Mahmood Mirza
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal filed by the Board of Intermediate and Secondary Education, Lahore against the High Court's order summoning an examiner along with answer books. The core legal question concerns the propriety of the High Court's direction to summon examiners and educational answer books in light of established precedent. Granting leave to appeal, the Supreme Court held that the High Court erred in issuing such a direction, relying on the principle established in Board of Intermediate and Secondary Education, Lahore v. Saima Azad (1996 SCMR 676). Consequently, the operation of the impugned order was suspended pending the appeal.

Questions settled in this judgment
  • Whether the High Court is justified in summoning an examiner along with answer books in educational matters?
  • Does the principle in Saima Azad's case prohibit the summoning of answer books by the High Court?
leave to appealsummoning answer bookseducational boardsexaminersupreme court practice

ORDER

1. ' ZIA MAHMOOD MIRZA, J.---Relies on Board of Intermediate and Secondary Education, Lahore v.

2. Saima Azad (1996 SCM R 676) to contend that the learned Judges of the High Court were not right in summoning the examiner along with the Answer Books. Leave to appeal is granted to examine this contention. Meanwhile, operation of the impugned order shall remain suspended.

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