Law:

Section:

Educational institution--Allegation of using unfair means by the candidates in the examination--­Principles of natural justice---Non-compliance of---Effect---Penalty of being debarred from four consecutive examinations was imposed on the candidates---Validity---Candidates were neither provided an opportunity of hearing before being debarred nor there was any material available with the Disciplinary Committee of the Education Board to make such an order---Complainant had not stuck to his position of being a genuine complainant/informer regarding the use of unfair means by the candidates---Disciplinary Committee had not even offered the candidates to make statement in defence of the allegations levelled against -them by the Board---Effect---Proceedings before the Disciplinary Committee, though could not be equated with proceedings before a Court/Tribunal requiring examination and cross-examination of witnesses and where strict adherence to the law of evidence was insisted upon yet that did not mean that the Board was possessed of the power or authority to take any action against persons similarly placed as the candidates with affording an opportunity to defend themselves---Board, in circumstances, could not take any action against the candidates without complying with the principles of natural justice. Ahmad and 3 others v. Vice-Chancellor, University of Engineering and Technology and another PLD 1981 SC 464 and Zafarullah v. Board of Intermediate and Secondary Education, Lahore and others PLD 1981 Lah. 244 ref. Hafiz S.A. Rehman, Senior Advocate Supreme Court.and M.A. Zaidi, Advocate-on-Record (absent) for Petitioners. Nemo for Respondents. Date of hearing: 27th December, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---Leave to appeal is claimed against judgment dated 29-9-1999 passed by a learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench, Rawalpindi whereby Writ Petition No.2016 of f999, filed by respondents-Sehr Azmat and Kim Azmat, was allowed and an unfair means case against them was set aside by holding that the order of the petitioner-Board of Intermediate and Secondary Edcuation Rawalpindi, hereinafter referred to as the Board,"... debarring the…

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