2006 PLP 1378 (MLD)
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through Chairman — Petitioner Versus ATIF RIAZ — Respondent
| Citation | 2006 PLP 1378 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through Chairman — Petitioner Versus ATIF RIAZ — Respondent |
| Primary Law | Educational institution |
Q1: What are the key laws and sections cited in 2006 PLP 1378 (MLD)?
This judgment primarily cites: Educational institution as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1378 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1378 (MLD) (BOARD OF INTERMEDIATE AND SECONDARY EDUCATION through Chairman — Petitioner Versus ATIF RIAZ — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sheikh Shahid Waheed for Petitioner.
- Nemo for Respondent (C.R. No.1501/99).
- Nemo for Respondent No. I (C.R. No.1504/99).
- Hasnain Haider for Respondent No.2. (C.R. No.1504/99).
Headnotes / Summary
Correction of dates of birth
Civil suit, maintainability of
Respondents who appeared in Matriculation examination, had themselves mentioned specific dates of their birth in Admission Forms
Subsequently respondents without approaching Board, of Secondary Education, instituted civil suits seeking correction of their dates of birth, which were decreed by Trial Court and Education Board filed appeals
Civil Court had no jurisdiction to entertain suits seeking correction of entries of the record of Education Board
No allegation was levelled by respondents with regard to mala fide and lack of good faith on part of the Board
Judgments and decrees passed by Courts below, were without jurisdiction and lawful authority and being nullity in the eye of law, could not be sustained and same were set aside.
Judgment & Decree
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 MLD 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. H.B.T./B-16/L???????????????????????????????????????????????????????????????????????? Revision petitions allowed.