| Case ID |
156a6528-983b-4636-92ca-d0f8fbd95e1d |
| Body |
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| Case Number |
Civil Appeal No. 18-D of 1964 |
| Decision Date |
Sep 02, 1964 |
| Hearing Date |
Sep 01, 1964 |
| Decision |
The Supreme Court of Pakistan held that the principles of natural justice must be observed in all proceedings that may affect an individual's rights. The case involved the expulsion of a student from the University of Dacca, which was found to violate the principle of audi alteram partem, as the student was not given an opportunity to defend himself against the allegations made. The Court emphasized that a fair opportunity must always be provided to those affected by administrative decisions, especially in educational settings where discipline and fairness are paramount. The Court ruled that the expulsion order was void and directed the University to reconsider its actions while adhering to the requirements of natural justice. |
| Summary |
In the landmark case of Civil Appeal No. 18-D of 1964, the Supreme Court of Pakistan addressed crucial issues surrounding the principles of natural justice within the context of university disciplinary actions. The case arose from the expulsion of Zakir Ahmed, a student at the University of Dacca, for alleged misconduct during a convocation. The Supreme Court held that the university authorities failed to provide the student with a fair hearing, violating the fundamental principle of audi alteram partem, which mandates that individuals must be given an opportunity to present their side before any adverse action is taken against them. This ruling reinforces the importance of procedural fairness in educational institutions and highlights the need for universities to ensure that their disciplinary processes align with the principles of natural justice. The decision has significant implications for the governance of educational institutions in Pakistan, ensuring that students' rights are protected while maintaining the integrity of disciplinary procedures. Keywords such as 'natural justice', 'educational discipline', 'Supreme Court of Pakistan', and 'student rights' are essential in understanding the broader implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
University of Dacca,
Zakir Ahmed
|
| Judges |
A. R. Cornelius, C.J.,
S. A. Rahman,
Fazle-Akbar,
B. Z. Kaikaus,
Hamoodur Rahman, J.
|
| Lawyers |
Manzur Qadir Senior Advocate Supreme Court,
Maksum-ul-Hakim Advocate-General East Pakistan,
T. H. Khan Advocate Supreme Court,
A.W. Mallik Attorney for Appellants,
S. R. Pal Senior Advocate Supreme Court,
Shahab-ud-Din Ahmad Senior Attorney for Respondent
|
| Petitioners |
THE UNIVERSITY OF DACCA THROUGH ITS VICE CHANCELLOR,
THE REGISTRAR, UNIVERSITY OF DACCA
|
| Respondents |
ZAKIR AHMED
|
| Citations |
1965 SLD 5,
1965 PLD 90
|
| Other Citations |
PLD 1959 SC (Pak) 45,
PLD 1961 SC 537,
PLD 1964 SC 461,
University of Ceylon v. Fernando (1960) 1 All E R 631,
Board of High School v. Ghanshyam A I R 1962 SC 1110,
Ex parte: Fry (1954) 2 All E R 118,
Rex v. Metropolitan Police Commissioner Ex parte: Parker (1953) 2 All E R 717,
Ram Chander Roy v. University of Allahabad and others A I R 1956 All 46,
Amolak Singh and others v. Punjab University, Solan A I R 1957 H P 31
|
| Laws Involved |
Constitution of Pakistan, 1962
|
| Sections |
98(2)
|