Law: Punjab Boards of Intermediate and Secondary Education Act, 1976

Section: 29,30

Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976) --------- ----------Ss. 29 & 30 --------- Proceedings taken by the Education Board, assailing of --------- Bar of jurisdiction --------- Scope --------- Charge-sheet was issued to the plaintiff/candidate against the allegation of impersonation in the examination and he was provided opportunity to defend himself --------- Plaintiff' instead of surrendering before the Education Board in pursuance of charge-sheet filed a suit calling in question the issuance of charge-sheet --------- Validity --------- Civil court had no jurisdiction to entertain the suit filed against any order made or proceedings taken by the Education Board --------- Persons aggrieved of any order made or proceedings taken by the Education Board could take protection of S.31 of Punjab Boards of Intermediate and Secondary Education Act, 1976 to institute a suit or to initiate any legal proceedings against the Education Board --------- Condition to take resort for such protection was that the act done or proceeding taken by the Education Board or any official or employee was not in good faith --------- Plaintiff had not extended any allegation in the plaint with regard to mala fide or lack of good faith on the part of Education Board in issuance of charge-sheet --------- Only charge-sheet was issued and had the plaintiff joined the proceedings then there was possibility that he would have been exonerated from the charges levelled against him if he succeeded in producing any plausible defence --------- Statutory proceedings were avoided and a suit which was barred under the law was filed --------- Civil court had no jurisdiction to entertain and adjudicate upon the suit filed by the plaintiff --------- Impugned s and decrees passed by the courts below were set aside and suit was dismissed --------- Revision was accepted in circumstances. Board of Intermediate and Secondary Education through Chairman and 3 others v. Javed Iqbal Bajwa 2005 YLR 2114; Board of Intermediate and Secondary Education Lahore through Chairman v. Ishrat Sultana 2001 YLR 66; Board of Intermediate and Secondary Education Lahore through Secretary v.…

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