KARACHI, Dec 14: The Sindh High Court on Monday directed the disciplinary committee of the Institute of Business Administration to submit an additional report on a three-year rustication of a student for using unfair means during an examination.

A division bench comprising Justices Gulzar Ahmed and Irfan Saadat Khan passed an order to this effect after hearing a report filed by the IBA director pursuant to an earlier SHC order.

The student was expelled by the institute's disciplinary committee from the institute on May 14 for using unfair means during an exam.

Citing the IBA director and the provincial education secretary as respondents, the student challenged the action against her in the high court. She maintained that the punishment of three-year rustication from the institution was excessive as compared to the one-year rustication awarded to two other students who were punished on the same charge.

Her petition was earlier disposed of by the high court on Aug 28 with direction to the IBA director to reconsider her case after allowing her full opportunity of hearing.

The court observed that its direction was not complied with.

The court order said “In the instant case it seems that the petitioner was not given a fair opportunity and secondly the punishment awarded to her seems to be far excessive than what has been awarded to the two other students who were found with scribbling on their hands and feet. In view of the contradictory statements by the respondent, we are inclined to agree with the contention of the petitioner that she has been discriminated and not treated at par with similar case of students. We are of the view that the direction of this court in order dated Aug 28 have not been complied with in letter and spirit.”

The court on Monday observed that the disciplinary committee was directed to examine the case of the petitioner fairly, impartially and without any influence by extraneous consideration.

“Consequently without disturbing the disciplinary committee report submitted on Nov 21, 2009, we would like the committee to give additional report taking into consideration the case of the two other students and consider the case of the petitioner in the light of the cases of these two students whether the punishment inflicted upon the petitioner can still be maintained by the respondent No 1 or not. Let such report be submitted within a month,” the order said.