Case Details

Citation(s)
2006 SLG 2342 2006 SLD 2342 2006 CLC 1850
Lahore High Court
Civil Revision No.1384 of 1999, decision dated: 19-01-2006.
MIAN SAQIB NISAR, J

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BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through ChairmaN

VS

MUHAMMAD ISHAQUE

Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976), Ss.29 & 31---Suit for declaration---Jurisdiction of Civil Court---Application moved by plaintiff to the Board of Intermediate and Secondary Education for correction of his date of birth, having been rejected by the Board, he sought declaration and challenged said order of the Board through civil suit---Suit was concurrently allowed by the Trial Court and Appellate Court below---Validity---Civil Courts had no jurisdiction to entertain and adjudicate matters relating to the correction of the date in relation to the record of Board in view of bar contained in Ss.29 & 31 of Punjab Boards of Intermediate and Secondary Education Act, 1976---Law, in fact, had ousted the jurisdiction of the Civil Courts from making any order of passing a decree regarding correction of the date of birth in the record of the Board, notwithstanding any order or otherwise of the Board---Moreover no allegations were levelled in the plaint with regard to mala fide and lack of good faith on the part of the Board---Even on merits, plaintiff himself had incorporated his date of birth in his admission form submitted for the purpose of examination and had never agitated the matter before and he slept over it for such a considerable period---High Court allowing revision petition, set aside s and decrees of the Courts below. 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. Mst. Sobia Chand 1999 CLC 1166 and Board of Intermediate and Secondary Education, Lahore through Secretary v. Miss Ghazala Roohi 2002 MLD 1966 ref. Sheikh Shahid Waheed for Petitioner. M. Baleegh-uz-Zaman Chaudhry for Respondent. Date of hearing: 19th January, 2006. JUDGMENT MIAN SAQIB NISAR, J.--- The respondent filed a suit for the declaration against the petitioner seeking change in the entry of his date of birth in the record of the petitioner. The suit; after…
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