2008 PLP 1790 (YLR)

ZIA-UD-DIN KHATTAK, J.--This writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan calls in question the order of Board of Intermediate & Secondary Education (BISE), Peshawar issued vide Notification No.7793/SSC, dated 7-1-2008 whereby the duplicate certificate of SSC (Supplementary) Examination, 1972 bearing No.PBD/2607 issued to Ghani Rahman son of Said Malook under Roll No.6770 was cancelled being fake and collusive.

2. The impugned order reads thus:

"It is notified for information of all concerned that the duplicate certificate bearing. Serial No.PBD/2607 issued by this Board to Mr. Ghani Rahman son of Said Malook under Roll No.6770 of SSC (Supplementary) Examination, 1972 being fake and collusive stands cancelled."

3. The petitioner assailed the impugned order/notification dated 7-1-2008 inter alia, on the grounds that the Secondary School Certificate (SSC) in question is a legitimate educational document, that the BISE, Peshawar/ respondent No.1 did not communicate the grounds that formed basis for the order nor the petitioner was issued any show-cause notice before the cancellation thereof, as such, the petitioner was condemned unheard. Therefore, the impugned order/notification was stated to be without lawful authority being against the principle of natural justice and of no legal effect. Conversely, the BISE, Peshawar/ respondent No.1 supported the impugned order and submitted that the petitioner was asked twice to attend the office and return the certificate but he failed to do so, and that after the decision of the Election Tribunal, Hangu (which held the certificate as fake), there was no need of further inquiry or issuance of show-cause notice to the petitioner.

4. We have heard learned counsel for the parties and have perused the available record.

5. A bare reading of the impugned order at para 2/ante would show that it discloses no ground for cancellation of the Secondary School Certificate (SSC) issued by the Board to the petitioner. However, as narrated by the BISE, Peshawar in their comments, the Election Tribunal, Hangu had declared it fake vide judgment, dated 3-1-2008 and it is in this background that the Secondary School Certificate (SSC) issued to the petitioner was cancelled.

6. The question that needs determination is whether the BISE, Peshawar after decision by the Election Tribunal, Hangu was required to issue a show-cause notice to the petitioner before cancellation of the Secondary School Certificate (SSC)? The answer to this question must be in the affirmative.

7. It is manifest from the record that the BISE, Peshawar had issued a duplicate Secondary School Certificate (SSC) to the petitioner in August, 2005. Subsequently, the Board suspected it as a doubtful case and according to them, they vide letter, No.628, dated 3-10-2005 (Annex-D) asked the petitioner to attend their office and return the certificate for further verification. It is unknown whether the letter was received by the petitioner or not, however, he filed Writ Petition No.1816 of 2005, wherein this Court vide order, dated 1-11-2005 had directed the BISE, Peshawar not to take any adverse action against the petitioner without giving him an opportunity of being heard. Thereafter, the BISE, Peshawar initiated inquiry and vide letter No.5/legal, dated 27-7-2006 asked the petitioner to attend the office of its Secretary on 3-8-2006 along with the certificate. In the meantime, the Election Tribunal, Hangu vide order, dated 2-8-2006 granted status quo and the BISE, Peshawar had to stay the inquiry proceedings. The Election Tribunal, Hangu, however, finally disposed of the case vide its judgment, dated 3-1-2008 whereupon the BISE, Peshawar resumed the proceedings.

8. It is well-settled that Court and Departmental proceedings that start from an identical charge, are to run parallel on the same set of facts and yet may end differently without affecting each other. Under the law, the BISE, Peshawar was required to issue at least a notice regarding resuming the inquiry proceedings before taking the drastic action of cancellation of the certificate but it did not do so and hence erred in law.

9. In the result, we allow this writ petition, set aside the impugned order/Notification No. 7793/SSC, dated 7-1-2008 and direct the BISE, Peshawar to decide the matter afresh providing due opportunity to the petitioner of being heard and thereafter to finalize the matter one way or the other in accordance with law, within a month positively. H.B.T./56/P Petition allowed.