Sections 29 and 31 of the Punjab Boards of Intermediate and Secondary Education Act, (XIII of 1976), came into consideration in number of judgments

7. Sections 29 & 31 of the Act came into consideration in number of judgments. Reliance in this regard may be placed on Board of Intermediate and Secondary Education, Lahore and another vs. Hassan Suleman (2000 SCMR 1415), the relevant portion of the said judgment is reproduced below: 

“The only plea raised by the learned counsel appearing in support of this petition is that in terms of Sections 29 and 31 of the Punjab Boards of Intermediate and Secondary Education Act, (XIII of 1976), no act done, order made or proceedings taken by a Board in pursuance of the provisions of the Act could be called in question in any Court. Reliance in this behalf is placed on Muhammad Rafique vs. The Board of Intermediate and Secondary Education and others (1983 SCMR 1024). We are afraid, the precedent case is of no avail to the petitioner-Board in that the jurisdiction of the Civil Courts of plenary jurisdiction is admittedly attracted to the grant of a declaration in terms of Section 42 of the Specific Relief Act (I of 1877). The precedent relates to an unfair means case against the petitioner and the observation read in conjunction with the facts of the said case takes it out of the preview of the argument being advanced by the learned counsel in support of this petition. Moreover, the resolution of Issues Nos. 2 and 3 came about after recording evidence and it was respectively held thereunder by all the Courts below that the date of birth of the respondent/plaintiff was incorrectly recorded being against even the physio-chemistry of birth in the two brothers born on different dates, could not be lumped together for the purpose of determination of their dates of birth.” (emphasis supplied)

 Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT

Writ Petition-Miscellanous-Civil Suit
30622-14

2017 LHC 2371