ABDUL RAUF RANA vs UNIVERSITY OF BALOCHISTAN, through Chancellor, Governor House, Quetta Ss — 2021 CLC 2141 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 2141 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: ABDUL RAUF RANA vs UNIVERSITY OF BALOCHISTAN, through Chancellor, Governor House, Quetta Ss
Subject matter: Constitutional
Provisions referred to: Balochistan Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL RAUF RANA VS UNIVERSITY OF BALOCHISTAN, through Chancellor, Governor House, Quetta Ss. 10 & 11---Constitution of Pakistan, Arts.199 & 10-A---Constitutional petition---Right to fair trial---Cancellation of degree---Scope---Petitioner assailed declaration issued by Deputy Controller of Examination (Certificates) on the order of Chancellor whereby his B.A. Annual Examination result and degree were cancelled---Petitioner's result and degree were earlier declared to be genuine but on an appeal of the petitioner's political opponent under Ss.10 & 11 of the University of Balochistan Act, 1996, the Chancellor had passed the impugned declaration---Validity---Respondents had failed to place on record a single iota of evidence of proceedings carried out by the Chancellor to establish that the petitioner had failed to appear before the appellate authority, which prima facie reflected that whatsoever had been done nothing was carried out in accordance with law---Petitioner was condemned unheard (Audi alteram partem) in sheer violation of Art. 10-A of the Constitution---No opportunity of fair trial was extended to the petitioner and the manner so adopted for decision of appeal was highly objectionable and had rendered the impugned declaration as illegal, void ab initio and without lawful authority---No provision of appeal was provided in Ss.10 & 11 of the University of Balochistan Act, 1996, against the inquiry report in connection with the unfair means of examinations---Constitutional petition was accepted and the impugned declaration was set aside.

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