Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: West Pakistan Board of Intermediate and Secondary Education (Sargodha) Ordinance VII of 1968

Section: 29

Specific Relief Act (I of 1877)-------S. 42---West Pakistan Board of Intermediate and Secondary Education (Sargodha) Ordinance (VII of 1968), S.29---Civil Procedure Code (V of 1908), S.9 & O.VII, R.11(d)---Suit for declaration---Cancellation of plaintiff's Matriculation and Intermediate Certificates by Board alleged to be with mala fide intention and without affording him opportunity of hearing---Rejection of plaint by Trial Court for want of jurisdiction---Validity---Plaintiff in plaint had specifically pleaded mala fide on the part of Board and non-providing him opportunity of hearing before canceling his certificates---Board could not be allowed to exercise omnipotent powers not amenable to judicial review under garb of S.29 of West Pakistan Board of Intermediate and Secondary Education (Sargodha) Ordinance, 1968---Such embargo on rights of citizens was violative of their fundamental rights enshrined in the Constitution---Despite bar of jurisdiction, Civil Court would still have jurisdiction to try plaintiffs suit to examine impugned action of Board, whether same was in accordance with law or illegal or mala fide and against principles of natural justice---Plaint did disclose cause of action---High Court set aside impugned , resultantly suit would be deemed to be pending before civil Court for its decision after recording evidence of parties---Principles. Board of Intermediate and Secondary Education, Sargodha and another v. Muhammad Rafique PLD 1991 SC 231; Muhammad Baran and others v. Member (Settlement and Rehabilitation) Board of Revenue Punjab and others PLD 1991 SC 691; Board of Intermediate and Secondary Education, Lahore and others v. Ch. Anjum Pervaiz and another 1989 CLC 64; Amjad Yasin v. University of Engineering and Technology through Vice Chancellor and 3 others 1991 SCMR 2640 and Mst. Jameela Kausar v. Board of Intermediate and Secondary Education and others 2003 SCMR 153 ref. Muhammad Jamil Asghar v. The Improvement Trust, Rawalpindi PLD 1965 SC 698; Samar Pervaiz v. Board of Intermediate and Secondary Education, Lahore and another PLD 1971 SC 838; Muhammad Rafiq v. The Board of Intermediate & Secondary Education and others 1983 SCMR…

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