Law:

Section:

Constitution of Pakistan (1973)---Arts. 185 & 199--Person served with notice to show cause before taking disciplinary action--Proceedings against such person after show-cause notice taken ex parte--Such person not coming to Court with clean hands--High Court, held, rightly refused discretion in favour of such person. JUDGMENT MIAN BURHANUDDIN KHAN, J.--The petitioner got admission in the Khyber Medical College, Peshawar in its session of 1980-81 after passing his F.Sc. (Medical Group) Examination in the year 1978. On 10-5-1983 the Principal of the Khyber Medical College respondent No.l cancelled the admission of the petitioner consequent upon the cancellation order of the F.Sc Certificate of the petitioner issued by the Chairman, Board of Secondary Education respondent No.2 vide letter, dated 7-5-1983. This order was challenged in Writ Petition No. 155 of 1983 in the Peshawar High Court on the sole ground that the cancellation of F.Sc. Certificate and admission of the petitioner in the Medical College had been done without affording him any opportunity of being heard. The petition was accepted with the following observation: "The learned counsel for the parties appearing before us agree that for that reason this writ petition may be accepted in terms that the order made by respondent No. 2 cancelling the said certificates issued to the petitioner may be struck down and resultantly the order of respondent No.l may also be struck down. The respondent No.2 shall, however, be at liberty to proceed against the petitioner again on the same grounds, after serving him with a notice which would contain all the facts and the material on the basis of which respondent No.2 may proceed to take action deemed appropriate in accordance with law and the rules. Any available legal defence would also be open to the petitioner during those proceedings. The petitioner shall also be served with notice on his home address as well as through the Principal, Khyber Medical College, Peshawar, who when approached by respondent No.2, would get the notice served on the petitioner and then returned to respondent No.2. If the petitioner, who has by now sufficient notice of what the…

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