' NASIR ASLAM ZAHID, J.--Through this constitutional petition the decision of the Board of Advanced Studies and Research of the University of Karachi, taken in its meeting held on 18-6-1983, whereby the admission of the petitioner, a candidate for M. Phil./Ph.D. In Political Science was cancelled, has been challenged. We have heard Mr. Iqbal Kazi, learned counsel for the petitioner and Mr. Rehanul Hassan Farooqi, learned counsel for the University of Karachi.
2. When this matter came up before us yesterday and arguments were being addressed, we were disturbed by the fact that there should be some dispute between a student of Ph.D. And the Board of Advanced Studies and Research that reached the Court, and, therefore, we adjourned this matter for today and Mr. Rehanul Hassan Farooqi, learned counsel for the Univesity of Karachi, was asked to request a Member of the Board of Advanced Studies and Research to attend this Court today. In response to such request Professor Manzooruddin Ahmad, Dean of the Faculty of Arts and Chairman of Department of Political Science and a Member of the Board of Advanced Studies and Research, University of Karachi, has appeared. On a question from the Court, Professor Manzoor stated that if an application were made by the petitioner to the Board, the Board would be ready to re-consider his case. Mr. Iqbal Kazi was then asked by us whether the petitioner was ready to make an application for re-consideration of the decision of the Board. After consulting the petitioner, who is present in person, Mr. Lqbal Kazi states that the petitioner is not ready to move any application to the Board for re-consideration of its decision but wants a decision of this Court on his constitutional petition.
3. On perusal of Annexure 'H' to the memo. Of this petition, which is a copy of the relevant part of the minutes of the meeting of the Board of Advanced Studies and Research, University of Karachi, held on 18-6-1983, we find that item No. 4 on the agenda for consideration of the Board in that meeting was the appointment of a new director for the petitioner. The petitioner through an application had requested for change of director (respondent No.2 herein), on the ground that respondent No.2 was not interested to guide him. This was under consideration. It is then mentioned in the minutes in brackets as follows:- "(Dr. Zakiya Zeba Abdi in her reply has also complained about the misbehaviour of Mr. Sayeeduddin.)"
The minutes then show that the following Resolution was passed by the Board:- "Admission of Mr. Sayeeduddin, a candidate for M. Phil./Ph.D. In Political Science be cancelled.
'It is apparent from the minutes that neither copy of the report of D. Zakiya Zeba Abdi, respondent No.2, was sent to the petitioner nor the allegations made by respondent No.2 in her report were made known to the petitioner, and it appears that on account of certain allegations made by respondent No.2, the admission of the petitioner was cancelled. The proper procedure under the law for the Board to have adopted in this case should have been that if there was any report against the petitioner by respondent No.2 or for any other reason his admission was liable to be cancelled, a notice should have been given to the petitioner apprising him of the allegations made against him and asking him to submit his explanation. This admittedly A has not been done. In the circumstances, the impugned order cancelling the admission of the petitioner, dated 18-6-1983 is liable to be set aside.
4. Constitutional Petition No. D-943 of 1984 is allowed to the extent that the resolution, dated 18-6- 1983 cancelling the admission of petitioner to M. Phil./Ph.D. In Political Science is declared to have been passed without lawful authority and to be of no legal effect on the ground that no prior notice was given to the petitioner before such resolution was passed. The respondents are, however, free to take fresh action after giving a show-cause notice to the petitioner and consideration of any reply that may be given by him.
' There will be no order as to costs.