Law:

Section:

NAIMUDDIN, J.-The petitioner passed Intermediate (Premedical) examination in the year, 1973 as a student of Government Islamia Science College, Sukkur in the Second Division with 454 marks out of 1000. The result published by the Board of Intermediate & Secondary Education, Hyderabad in the Gazette declared him to have passed in the Second Division with 454 marks. However, the petitioner obtained a marks certificate from the Board showing him to have secured 635 marks and the First Division. On the basis of the certificate and declaration made by him that he had obtained 635 marks, he was given admission in the First Professional M. B., B. S. in Chandka Medical College, Larkana on 17-5-1975. The admission given to the petitioner in the medical college was under the rules subject to verification. The marks certificate submitted by the petitioner was sent to the Board for verification.   On verification, it was discovered by respondent No. 1 that the certificate submitted by the petitioner was false. Therefore. by an order dated the 3rd of March, 1976 passed by respondent No. 1 the petitioner was expelled from the college with immediate effect.   It is this order which is impugned by the petitioner in the Constitutional Petition under Article 199 of the Constitution.   M. Hassanally A. Rehman, the learned counsel for the petitioner has raised two-fold contentions. His first contention is that admission could be cancelled in accordance with rule 13 of the Rules of Admission contained in the prospectus, if the petitioner had fraudulently sought admission by producing false marks certificate and since the petitioner is not responsible for the false certificate issued by respondent 2, he could not be penalised. The second contention is that the impugned order has been passed without giving the petitioner an opportunity of being heard and as such the principle of natural justice has been violated.   It is not disputed that the petitioner had obtained only 454 marks and the Second Division and not 635 marks and the First Division. In the counter-affidavit filed on behalf of respondent 2, by Siraj Ahmed Akhund, the Deputy Controller, Board of I.…