' The respondents have filed the report and parawise comments, which shall be treated as written statement. I would like to decide this petition as a `Pacca Matter'.
2. Brief facts of the case are that the petitioner-Shehbaz Wattoo joined the University Gilani Law College as L.L.B. Part-I student for the Session 1999-2000. The petitioner's application for allocation of accommodation in the University hostel was filed by him. He deposited the hostel fee from 25-5- 2001 up to 24-5-2002. He had been occupying Room No.237 Umar Hall. Vide order dated 10-12-2001, he has been expelled from the hostel on the ground that he was unlawfully and without any prior permission from any authority i.e. Warden/Superintendent of the hostel was living in Room No.237, Umar Hall of the University.
3. According to the petitioner, he was allocated Room No.237 and he has been living therein since May, 2001 and on 4-12-2001, he found his room locked and he was served with no notice prior to it or thereafter and subsequently, impugned office order dated 10-1.2-2001 was issued.
4. The learned counsel for the petitioner submits that petitioner is a bona fide student of University Gilani Law College. He applied for admission in the University Hostel. After due permission, he deposited all the dues and Room No.237 Umar Hall University Hostel was allotted by the Hostel Superintendent and he has been occupying the same with lawful authority ever since of its allotment and the impugned office order is void and without lawful authority. Further argued that the petitioner has never been given any opportunity of hearing prior to passing of the impugned order, hence, he has been condemned unheard.
5. On the other hand, the learned counsel appearing on behalf of the respondents Nos.1 to 3 submits that the petitioner had unlawfully and without any prior permission from any competent Authority occupied the room, hence, he was expelled by the order of Superintendent dated 10-12- 2001, impugned through this Constitutional petition. Further submits that in fact, the application of the petitioner for allotment of accommodation in the University Hostel was neither recommended by the Principal, University Gilani Law College nor Superintendent or Warden of the Hostel, hence, his occupation is illegal and unwarranted by law. Further argued that the order of Superintendent Hostel is further challengeable under Regulation No.4 before the Warden which reads as under:-- "To decide appeals against punishments awarded by the Superintendent."
' Hence the petitioner has got a right of appeal therefore, this Constitutional petition is premature.
6. Heard. Record perused.
7. The respondent has not produced on record nor it has been alleged by the respondent that any notice has ever been served upon the petitioner before passing the impugned order; hence the impugned A order has been passed without providing opportunity of hearing to the petitioner. It is well-established law that Rule of audi altram partem is to be read in every statute, regulation until unless specifically ousted. In this respect, reliance is placed on the judgment reported as Zakir Hussain's case PLD 1965 SC P.90 and Ijaz Ahmad and others v. Mst. Deeba Nawaz and others 1994 SCM R 397. As regards alternate remedy of appeal, the appeal is provided against punishment awarded by the Hostel Superintendent. Through impugned order, no punishment has been awarded by the Superintendent upon the petitioner therefore, no appeal in the case in hand is maintainable before the Warden. In the case in hand, the petitioner has been expelled from the hostel on the ground that unlawfully and without any prior permission of the competent Authority, he has been staying in the hostel. Lastly it has been argued that the petitioner has not approached this Court with clean hands, hence right of opportunity of hearing is not available to such person. In this respect reliance is placed on Mushtaq Ahmad v. University of the Punjab through V.C. Lahore and another 2001 CLC 1631. The case-law referred above is also not applicable to the case in hand.
Only after providing opportunity of hearing to the petitioner, Superintendent could come to the conclusion that petitioner has been residing without any lawful Authority in the hostel, while in this case, without any such inquiry and without any notice to the petitioner, the impugned order/office note has been issued on 10-12-2001. Hence, the impugned office notice is violative of rule of natural justice.
' In the circumstances, this Constitutional petition is allowed and the impugned office order dated 10-12-2001 issued by the Superintendent, Umar Hall University Hostel, to the extent of the petitioner, is declared as illegal void and without lawful authority. However, the parties shall bear their own costs.
' It may not be out of place to clarify that this decision would not debar the competent authorities to proceed against the petitioner in accordance with law/relevant rules and regulations.