Law: Constitution of Pakistan, 1973

Section: 10,11

University of Balochistan Act (III of 1996)--- ----Ss. 10 11---Constitution of Pakistan, Arts.199 10-A---Constitutional petition---Right to fair trial---Cancellation of degree---Scope assailed declaration issued by Deputy Controller of Examination (Certificates) on the order of Chancellor whereby his B.A. Annual Examination result and degree were cancelleds result and degree were earlier declared to be genuine but on an appeal of the petitioners political opponent under Ss.10 11 of the University of Balochistan Act, 1996, the Chancellor had passed the impugned declaration---Validitys had failed to place on record a single iota of evidence of proceedings carried out by the Chancellor to establish that the petitioner had failed to appear before the appellate authority, which prima facie reflected that whatsoever had been done nothing was carried out in accordance with law was condemned unheard (Audi alteram partem) in sheer violation of Art. 10-A of the Constitution---No opportunity of fair trial was extended to the petitioner and the manner so adopted for decision of appeal was highly objectionable and had rendered the impugned declaration as illegal, void ab initio and without lawful authority---No provision of appeal was provided in Ss.10 11 of the University of Balochistan Act, 1996, against the inquiry report in connection with the unfair means of examinations---Constitutional petition was accepted and the impugned declaration was set aside. JUDGMENT ABDULLAH BALOCH, J.--- The instant Constitutional Petition is directed against the declaration dated 4th December 2019 issued by the Deputy Controller of Examination (Certificates) University of Balochistan, Quetta by the order of Chancellor (Governor of Balochistan) whereby the B.A. Annual Examination, 2004 Result and Degree of the petitioner has been cancelled, which is reproduced as under: UNIVERSITY OF BALOCHISTAN QUETTA. Office of the Assistant Controller of Examinations (Certificates). No. 1095/Exams/Cert: Date 4th December, 2019. DECLARATION, It is for public information and all concerned, that in pursuance of letter No.SGB/2-1/UoB/2019, dated 4th December, 2019 of Governor of Balochistan/ Chancellor and…

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