Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 42--Appeal to Supreme Court---New plea based on mixed question of law and fact---Admissibility---Mixed question of law and fact could not be allowed to be raised for the first time before Supreme Court. (b) Natural justice, principles of--- ----In all proceedings by whomsoever conducted, whether judicial or administrative, principles of natural justice, have to be observed if such proceedings 'might result in consequence affecting person or property or other rights of parties concerned---Rule of natural justice would apply even though there were no positive words in the statute or legal document whereby power was vested to take such proceedings. University of Dacca v. Zakir Ahmad PLD 1965 SC 90; Samar Pervaiz v. Board of Intermediate and Secondary Education, Lahore PLD 1971 SC 838 and Vice-Chancellor, University of Punjab v. Muhammad Zahur Nasir 1985 SCMR 802 rel. (c) Azad Jammu and Kashmir Calendar Board of Intermediate and Secondary Education, Mirpur--- ----R. 11(ii)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Educational institution---Natural justice, principles of---Use of unfair means in examination by candidate---Personal hearing did not appear to have been given to candidate who was charged for having used unfair means in examination---No official of the Board had sworn in his affidavit to the effect that right -of hearing was given to candidate---Decision of Disciplinary Committee did not state that right of hearing was given to candidate--­Minimum requirements of rules of natural justice were thus, not fulfilled--­Order of disqualification was, therefore, passed without lawful authority and was of no legal effect---Candidate's case, however, having been decided on technicalities of law, such fact would not absolve him of charges against him--­Authorities could, therefore, proceed against candidate de novo, in accordance with law. Raja Shiraz Kayani, Advocate for Appellant. Kh. Shahad Ahmad, Advocate for Respondents. Dates of hearing: 2nd and 10th April, 1995. JUDGMENT BASHARAT AHMAD SHAIKH, J.---The appellant appeared in the Intermediate…

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