Law: Azad Jammu & Kashmir Interim Constitution, 1974

Section:

Azad Jammu & Kashmir Board of Intermediate and Secondary Education Calendar [as amended up to 1st April, 1972]  R. 5.18Showcause noticeBoard desiring to quash declared result of a candidate on some groundsMandatory provision of law to issue a showcause notice providing him an opportunity to defend himselfContravention of such provision, held, renders act of authority illegal.[Natural justice, principle of].                                                                                                                         JUDGMENT By this writ petition, Raja Naeem, a student of F.Sc. (PreMedical Group) has come to this Court questioning the Notification No. Board/ 453252/77 dated 17th July, 1977 issued by the Secretary of the Azad Jammu and Kashmir Board of Intermediate & Secondary Education, Mirpur (hereinafter called the Board). By this Notification, the Secondary School Certificate obtained by the petitioner pertaining to the Spring examination taken by him in the year 1975 was quashed. On the basis of the said certificate obtained by the petitioner, he was admitted to 11th Class and it was after the completion of his F, Sc. Course when he was about to take the examination that his result of Secondary School Certificate Examination was cancelled by the Board. It is alleged that no showcause notice was issued to the petitioner before the quashment of his result and so he was condemned unheard. Furthermore, it was without jurisdiction that his certificate duly obtained by him was declared as cancelled. The counter allegation of the Board is that the petitioner failed in his examination as one of the papers, namely, Pakistan Studies, could not be cleared up by him but it was somehow managed by him that figure zero (0) was suffixed to figure 6, marks actually obtained by him so as to bring their number to passmarks figuring 60 instead of 6 actually…