Law: Nursing Educational Institutions Rules, 2001

Section: 4

Law: Nursing Educational Institutions Rules, 2001

Section: 4

Law: Constitution of Pakistan, 1973

Section: 10A

(a) Nursing Educational Institutions Rules, 2001-------R. 4---Constitution of Pakistan Arts.199 & 10-A---Constitutional Petition---Educational Institution---Petitioner assailed order of the Principal of Educational Institution whereby her name was struck off from the school rolls, and the petitioner was blacklisted and ordered to deposit (return) the stipend amount; on the ground of obtaining admission illegally, by the tampering and misstating of marks obtained in intermediate examination---Validity---Respondent (Principal) of the Institution was directed by Fact Finding Committee that the alleged illegal admission of the petitioner should be dealt with as per the Nursing Educational Institutions Rules, 2001---Termination/striking off from the rolls, and being declared "blacklisted" amounted to a major penalty---For imposition of such major penalty, a duly constituted disciplinary committee comprising of Chairperson and Members was bound to follow the procedure as laid down in Rule 4.2 of the Nursing Educational Institutions Rules, 2001---Respondent (Principal) took the impugned actions without adopting the due process of law as contemplated in the said Rules, and being the Principal, she was not competent to impose such major penalty---When the law required a thing to be done in a particular manner, the same must be done accordingly, and if prescribed procedure was not followed, it would be presumed that the same had not been done in accordance with law---Record showed that the due process of law was not observed---Article 10-A of the Constitution furnished a fundamental right to every citizen of Pakistan to have a fair trial and due process---Question of fact or liability conclusively presumed without having recourse to procedural due process could not be said to have been determined under the due process of law---Respondent, in her capacity as the Principal, while passing impugned order acted as coram non judice---High Court set aside impugned order---Constitutional petition was allowed. (b) Administration of Justice--- ----When the law required a thing to be done in a particular manner, the same must be done accordingly, and if prescribed procedure was…

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