Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S.42---Punjab Boards of Intermediate and Secondary Education Act (XIII of1976), Ss. 29 & 31---Civil Procedure Code (V of 1908), S. 9---Suit for declaration---Date of birth recorded in Matriculation certificate, rectification of---Jurisdiction ofcivil court---Scope---Plaintiff's application for such rectification rejected by Committee constituted by employer/Board---Plaintiff's suit decreed by Trial Court and Appellant Court---Validity---Act done by Board could be challenged in civil suit, only if same was done or purported to have been done with mala fide intention---Plaintiff had not cited a single instance showing mala fide on the part of Board---Courts below without first deciding question of their jurisdiction had decided question regarding plaintiff's date of birth---Assumption of jurisdiction by courts below in such manner was erroneous rendering impugned s/decrees as wholly without jurisdiction and coram non judice---High Court accepted revision petition and set aside impugned s/ decrees. 1999 CLC 1166; 2001 YLR 66; 2002'MLD 1966; 2005 YLR 2114 and 1999 CLC 984 ref. (b) Mala fide--- ----Proof---Such act could be substantiated by citing different instances, if committed by Government functionaries. THIS JUDGMENT DELIVERED BY: ALI AKBAR QURESHI, JUSTICE:---.--- Relevant facts giving rise to the filing of the captioned civil revision are that respondent instituted a suit for declaration with consequential relief stating therein that she was born on 17-12-1975, but at the relevant time of the filing of her admission form by her in her matriculation examination, her date of birth was entered as 15-3-1974 instead of 27-12-1975. Respondent also filed an application seeking rectification of the said error before the Board and a Committee was constituted for purposes of verification of respondent's date of birth, and on examination of the relevant record, the committee finally declined to carry out sought for correction vide order dated 27-4-1995. In fact this order was assailed by respondent by way of civil suit. And in response to notice, defendant Board put in appearance and filed its written statement. Trial…

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