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Constitutional Petitions Nos. D‑1728, 1744, 1803. '942 and 1946 of 1979, decided on 11th February, 1982.

‑‑Art. 199‑Natural justice, principles of‑Admission to Medical Colleges‑College authorities cancelling admission of petitioner acting on finding of Provincial Inspection Team‑Petitioners condemned un heard by such team thereby principles of natural justice violated‑Impugned order being illegal, set aside‑Open for Authorities to initiate fresh enquiry after complying with principles of natural justice.‑[Natural justice, principle of‑Educational Institutions].

M: G. Dasigir, Z. U. Ahmed, Atash Mirza, Fazla Ghani Khan, Nizam Ahmad and

Mansoor Shahreyar for Petitioner.

Abdul Saitar Shaikh for Respondents.

Dates of hearing : 10th and 11th February, 1982. .

These 7 petitions involve common questions of law and therefore can be disposed of conveniently by a common judgment.

The brief facts leading to .the filing of the above petitions are that the petitioners applied for admission to the first year M. B., B. S. for the year 1978‑79. All these students were granted admission by the competent authority and were admitted either in the Dow Medical College or Sind Medical College or in Girls Medical College Nawabshah. It seems that after granting of the above admission the petitioners commenced their studies and according to the learned counsel for the petitioners they are now in third year classes. It transpired that some Provincial Inspection Team was constituted, which held inquiry about the entitlement of the students to the admission of the Medical Colleges in Sind and submitted its reports some time in 1979.

On the basis of the findings recorded by the aforesaid Provincial Inspection Team the petitioners were issued show‑cause notice dated 19‑7‑1979, to which they submitted their reply. After the receipt of the above replies the petitioners were served with a second show‑cause notice dated 28‑8‑1979, to which also the petitioners submitted their replies. However, without hearing the petitioners the impugned order dated 28‑10‑1979 was passed cancelling the admissions inter alia of the petitioners in Const. Petitions Nos. 1728, 1744, 1809, 1942 and 1946 of 1979. The admission of petitioners in Const. Petition No. D‑1772/79 was cancelled by an order dated 18‑10‑1979 passed by the Principal, Nawabshah Medical College, whereas the admission of petitioner in Petition No. 180/179 was cancelled by a separate order dated 18‑10‑1979 passed by the 'Principal Medical College and Civil Hospital, Karachi.

It may be advantageous to reproduce herein below the 2 show cause notices issued to the petitioners which read as follows :‑

Office of the Principal & Chairman Academic Council, Sind Medical College, Karachi

No.,F‑2‑3/79 Conf 2934. dated : the 19th JULY 1979

SHOW‑CAUSE NOTICE

On the basis of inquiries conducted by the Provincial Inspection Team, Miss Kausar Parveen Malik daughter of Malik Sher Muhammad has been found guilty of having double domicile certificate which she produced in connection with her admission in the medical colleges both in the Province of Sind as well as in Punjab.

By reasons of above the said Miss Kausar Parveen Malik daughter of Malik Sher Muhammad student of 1st Year M. B., B. S: Class (1978‑79) appears to be guilty of offence which may even lead in cancellation of her admission from this College. However before any such action is initiated, she is required to show cause as to why her admission from the College should. not be cancelled. Her reply must reach this office within 7 days of the receipt of this Notice, positively.

(Prof. Dr. Kashafuddoja)

M.B.,B.S. M. Phil.

Acting Principal & Chairman, Academic

'Council Sind.Medical College, Karachi"

Office of the Principal & Chairman, Academic Council, Sind Medical College, Karachi.

No. F‑2‑3/79 Conf. 3348 Dated : 28th A U G 1979.

To

Miss Kausar Pareen Malik.

D/O Mr. Malik Sher Muhammad

student of 1st Year MBBS Class,

E;19 M. Y. Sqr. North Nazimabad, Karachi 33.

Subject : Show‑Cause Notice

While seeking admission in this Medical College in 1978‑79 session you produced a certificate of permanent residence in the Province of Sind. It has now been found that the said certificate on the basis of which you secured admission has been obtained in consequence of incorrect reply given by you to question No. 13 set in the form of application referred to in rule 3 of the Sind Permanent Residence Certificate Rules, 1971 inasmuch as you stated that you never acquired domicile of another Province although at the relevant time you had the domicile of District Sargodha of Province of Punjab.

From the above it is evident that you secured admission in this College on the basis of Permanent Residence Certificate granted in consequence of incorrect reply as aforesaid and therefore your admission is liable to be cancelled summarily in terms of note 2 given in the said form of application.

You are now called upon to show cause in writing within a fortnight of the receipt of this notice why your admission should not be cancelled stating within the said ‑period whether you desire to be heard in person.

Your explanation should reach the undersigned within the aforesaid period failing which it shall be presumed that you have declined to offer the same.

(Prof. Dr. Muhammad Ilyas),

Acting Principal & Chairman, Academic

Council, Sind Medical College,

Karachi.

3. Prom the contents of the above‑quoted show‑cause notices it is evident that the College authorities had no option but to act upon the finding of the Provincial Inspection Team and, therefore, the petitioners were condemned unheard by the Provincial Inspection Team and thereby violated the principles of natural justice. We therefore allow the above petitions and declare the finding, if any given 'by the Provincial Inspection Team, against the petitioners, and the cancellation of the admissions orders passed thereupon are of without lawful authority and of no legal effect. The respondents are restrained from acting upon the impugned orders.

4. It may be observe that if the Provincial Inspection Team wanted .to hold an inquiry and to conclude any finding adverse to the petitioners, it should have provided a reasonable opportunity to the petitioners to meet the allegations or the College. Authorities should have conducted inquiry independently after providing an opportunity to the petitioners . without being influenced by the finding recorded by the Provincial Inspection Team Admittedly no bearing was given to the petitioners before recording the finding against the petitioners.

It will be open to the respondents to initiate fresh inquiry and to take action after complying with the principles of natural justice. However, we may observe that at the same time the authorities concerned will take into consideration that all the petitioners are now studying in Third year Class and whether any fruitful purpose would he served by initiating any inquiry at the stage resulting in cancellation of admission, if any.

There will be no order as to costs.

M.Y.M. Petitions accepted.

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