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MAKADAR HUSSAIN SHAH versus BOARD OF INTERMEDIATE AND SECONDARY EDUCATION


Azad Jammu and Kashmir Calendar Board of Intermediate and Secondary Education, Mirpur R11 (ii) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 Educational Institutions Natural Justice, Principles of Use of Unfamiliar Sources in Candidate Examination The personal hearing does not appear to have been given to the candidate who was accused of using unfair means in the examination; none of the board officials had sworn in his or her affidavit that the candidate was given the right to a hearing. The decision of the Dispensary Committee was not in the statement of favor. The candidate was given a hearing, therefore, the minimum requirements of the Natural Justice Rule were not met, therefore, the disqualification order was granted without legal authority and had no legal effect, however, the candidate's case. The decision was made on the technicalities of the law, a fact so, the authorities can take action against the candidate de novo according to the law, so he will not deny the accusations leveled against him.

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