1988 PLP 1100 (SCMR)
EDUCATION, LAHORE‑‑Petitioner Versus GHULAM QADIR‑‑Respondent
| Citation | 1988 PLP 1100 (SCMR) |
| Forum / Court | ‑‑‑Ss.29 & 31‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Negligence of officials of Board of Intermediate and Secondary Education‑‑Suit for damages‑‑Bar of‑‑Suit for damages‑‑Officials of Board found negligent in not issuing roll number to respondent candidate‑‑Plea raised that Ss.29 & 31 afforded complete immunity to acts and proceedings of the Board and as such respondent's suit for damages was not maintainable‑‑Leave to appeal granted to consider whether negligence also stands protected under Ss.29 t 31 of the Act (XIII of 1976).‑‑Damages. |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | EDUCATION, LAHORE‑‑Petitioner Versus GHULAM QADIR‑‑Respondent |
Q1: What are the key laws and sections cited in 1988 PLP 1100 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1100 (SCMR)?
The case was heard and decided by the ‑‑‑Ss.29 & 31‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Negligence of officials of Board of Intermediate and Secondary Education‑‑Suit for damages‑‑Bar of‑‑Suit for damages‑‑Officials of Board found negligent in not issuing roll number to respondent candidate‑‑Plea raised that Ss.29 & 31 afforded complete immunity to acts and proceedings of the Board and as such respondent's suit for damages was not maintainable‑‑Leave to appeal granted to consider whether negligence also stands protected under Ss.29 t 31 of the Act (XIII of 1976).‑‑Damages. bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1100 (SCMR) (EDUCATION, LAHORE‑‑Petitioner Versus GHULAM QADIR‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch.Ijaz Ahmad, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 3rd April, 1989:
Headnotes / Summary
(From the order dated 6‑10‑1987 of the Lahore High Court, Lahore, passed in Civil Revision No.1522 of 1987). Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)‑‑ ‑‑‑Ss.29 & 31‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Negligence of officials of Board of Intermediate and Secondary Education‑‑Suit for damages‑‑Bar of‑‑Suit for damages‑‑Officials of Board found negligent in not issuing roll number to respondent candidate‑‑Plea raised that Ss.29 & 31 afforded complete immunity to acts and proceedings of the Board and as such respondent's suit for damages was not maintainable‑‑Leave to appeal granted to consider whether negligence also stands protected under Ss.29 t 31 of the Act (XIII of 1976).‑‑[Damages].
Judgment & Decree
SAAR SAOOD JAN, J.‑‑In this petition for special leave to appeal, the respondent was a candidate in the Matriculation Examination held by the petitioner Board in Autumn, 1984. He filed the relevant application form together with the requisite fee within the prescribed period. However, neither the roll number nor the date‑sheet was given to him despite his personal visits and contacts with the officials of the Board. His case was that the withholding of the roll number and date‑sheet was mala fide as one of his relatives who was an ex‑employee of the Board had bad relations with the officials of the Board. He filed a suit against the Board for recovery of Rs.25,000 by way of damages. The trial Court decreed the suit in the amount of Rs.14,400 after holding that the officials of the Board were negligent in not issuing the roll number to the respondent. Its findings and judgment were affirmed by the Additional District Judge. The High Court declined to' interfere with the concurrent findings of the two subordinate Courts or with the decree passed by the trial Court. The petitioner now seeks leave to appeal from this Court.
2. In support of this petition it is contended that sections 29 and 31 of the Punjab Boards of Intermediate and Secondary Education Act, 1976, afforded complete immunity to the acts and proceedings of the Board and as such the suit of the respondent was not maintainable. The question whether negligence also stands protected under sections 29 and 31, ibid, needs examination. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if necessary. The appeal should be listed for hearing on 16‑4‑1988. M .I. /B‑44/S Leave granted.