Pakistan Case Law← Search
2006 MLD 1378

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through Chairman vs

Citation2006 MLD 1378
CourtLahore High Court
Judge(s)Mian Saqib Nisar
ResultRevision petitions allowed.

' MIAN SAQIB NISAR, J.---C.R. No, 1501 of 1999 and C.R.No,1504 of 1999 are being disposed of together as common questions of law and fact are involved in both these matters.

2. The respondents appeared in the matriculation examinations and themselves mentioned the specific dates in the Admission Forms as the dates of their births. They passed the examinations and after some time, without approaching the petitioner-Board, instituted the civil suits seeking correction of their date of birth, as mentioned in their respective suits. The suits have been decreed by the learned Trial Courts vide judgments and decrees, dated 15-1-1999 and 23-9-1998 in respective cases. Appeals of the petitioners have filed on 11-5-1999 and 21-4-1999 respectively.

3. None represents the respondents Atif Riaz and Salman Khurshid, therefore, they are proceeded ex parte.

4. I have heard the learned counsel for the petitioner and find that the question of jurisdiction raised by the petitioner has been erroneously decided by the two Courts below, because in view of the law laid down in the judgments reported as 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), Board of Intermediate and Secondary Education, Lahore through Secretary v. Mst. Ghazala Roohi (2002 M LD 1966), it has been categorically held that the Civil Courts have no jurisdiction to entertain the suits seeking the correction of the entries of the record of the Board. Moreover, there are no allegations leveled in the plaints with regard to mala fide and lack of good faith on part of the Board.

' In the light of above, the judgments and decrees passed by the Courts below are without jurisdiction and lawful authority, which are, therefore, nullity in the eyes of law, resultantly, cannot sustain and are hereby set aside. The revision petitions are accordingly allowed.

Revision .

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search