BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, GUJRANWALA

' MIAN SAQIB NISAR, J.---Respondent No.1 appeared in the matriculation examination conducted by the petitioner-Board in the year 2003. In his Admission Form, his date of birth is incorporated as 5- 4-1982, whereas according to him, his actual date of birth is 5-4-1989. This error, according to the respondent, had occurred because of the school staff, who had filled/submitted his Admission Form. Be tiiat as it may, instead of approaching the petitioner-Board for the correction of his date of birth, the respondent straightway filed a civil suit, which was contested by the Board, inter alia, on the ground that the Civil Courts have no jurisdiction. Issues were framed; parties were put to trial. The respondent produced his original Birth Certificate, the School Leaving Certificate and also got recorded the statements of his father and the school teacher etc. The learned Civil Judge allowed the suit the appeal of the petitioner has failed.

2. Learned counsel for the petitioner, by relying upon 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) and Board of Intermediate and Secondary Education, Lahore through Secretary v. Miss Ghazala Roohi (2002 MLD '1966), states that the Civil Court has no jurisdiction, particularly in the situation, when the respondent has never approached the Board for the purpose of correction of the date of birth; there are no allegations of mala fide or lack of good faith on part of the Board and, therefore, the Civil Court's jurisdiction stands clearly ousted on account of the dictums mentioned above.

3. I have heard the learned counsel for the parties and find that the provisions of sections 29 and 31 of the Punjab Boards of Intermediate and Secondary Education Act 1976, clearly ousted the jurisdiction of the Civil Courts to determine the question about the errors and corrections in the dates A of birth, in the record of the Board. However, such ouster shall not apply where there are allegations of mala fide and lack of good faith on part of the Board. But in the instant case, the plaint has been perused; no such case has been made out by the respondent and resultantly, the bar shall. Squarely apply and, therefore, both the judgments and decrees of the trial Court and the appellate Court, are nullity in the eyes of law. Consequently, the impugned judgments and decrees are set aside.

4. However, this shall not preclude, prevent or debar the respondent to still apply to the Board for the correction of his date of birth by producing before it the requisite evidence to establish that there has been some error committed by someone, at any stage, in the Admission Form by incorporating wrong year i.e. Instead of 1989, 1982 has been mentioned. The Board shall consider this and shall decide the matter within three months from the date of the filing of the application by the respondent. The revision petition is accordingly allowed.