BOARD OF INTERMEDIATE AND SECONDARY EDUCATION RAWALPINDI vs SADIA IQBAL S

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BOARD OF INTERMEDIATE AND SECONDARY EDUCATION RAWALPINDI VS SADIA IQBAL S.9 [as amended by Code of Civil Procedure (Punjab Amendment) Act, 2018]---Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976), S.29---Suits for declaration and injunction instituted by students seeking correction of date of birth and change of name---Jurisdiction of Civil Courts---Ouster of jurisdiction of Civil Court by special law---Extending the ouster clause to all cases covered by a general or special law---Special law in place directly dealing with the correction of date of birth and change of name---Jurisdiction of civil court ousted in such matters---Core issue before the civil court was with regards to its lack of jurisdiction to adjudicate such suits as specific provisions for seeking change in date of birth and change in name were provided under the calendar of the Board of Intermediate and Secondary Education Rawalpindi Volume-I which dealt with Act and Regulations whereas Volume II of the calendar prescribed the Rules---Chapter-III of Volume I provided the general regulations and Regulation 5 dealt with the matter relating to correction in date of birth of a candidate---Chapter-17 of Volume II of the calendar, on the other hand, provided the mode and manner of change in the name or surnames---Held: The amended version of S. 9, C.P.C. was in field but it was not taken into consideration at all---It was an admitted fact that all suits were instituted by the students after the amendment in S. 9, C.P.C.---From bare perusal of S. 9, C.P.C., it was clear that by virtue of amendment introduced through Act No. XIV of 2018 dated 20th March, 2018 to the extent of Province of Punjab, a radical and notable change was introduced by the legislature in the existing S. 9, C.P.C. and ouster clause was extended to the case for which a general or a special law was in force---This material change was undoubtedly not under consideration before the courts at the time of rendering the judgments---High Court allowed the civil revision and remanded the matters to civil court for deciding the question of jurisdiction afresh after keeping in consideration the amendment in S.9 C.P.C. introduced through Punjab Amendment Act No.XIV of 2018. Citation Name: 2025 PLD 709 LAHORE-HIGH-COURT-LAHOREBookmark this Case BOARD OF INTERMEDIATE AND SECONDARY EDUCATION RAWALPINDI VS SADIA IQBAL Ss. 9, 151 & O. XIV, Rr. 1, 2---Duty of courts to determine question of jurisdiction at limine stage---Proceedings without jurisdiction are void---Absence of jurisdiction vitiates entire proceedings---Non-framing of material issues---Omission to frame jurisdictional issue---Question of jurisdiction is always pivotal because if a court or tribunal having no jurisdiction proceeds with a matter and decides it, the entire proceedings would be illegal and coram non judice---It is thus obligatory for the court or tribunal to settle the question of jurisdiction at the very outset---In the present case, none of the courts had either framed proper issues to this effect or attended this pivotal question with judicious approach---Civil revision was allowed and matters were remanded to consider "whether the civil court had jurisdiction to try the suit in light of S. 9 C.P.C., as amended by Punjab Amendment Act No.XIV of 2018 in light of provisions contained in the Punjab Boards of Intermediate and Secondary Education Act, 1976 as well as the rules and regulations made thereunder". Citation Name: 2025 PLD 709 LAHORE-HIGH-COURT-LAHOREBookmark this Case BOARD OF INTERMEDIATE AND SECONDARY EDUCATION RAWALPINDI VS SADIA IQBAL S. 9 [as amended by Code of Civil Procedure (Punjab Amendment) Act, 2018]---Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976), S. 29---General jurisdiction of civil court---Ouster of civil court jurisdiction---Scope---Code of Civil Procedure (Punjab Amendment) Act (XIV of 2018), 'effect of'---In case of special law directly dealing with the subject-matter the jurisdiction of civil court would be ousted---Section 9 C.P.C., bestows jurisdiction upon the civil court to try all suits of civil nature except the suits for which its cognizance is either expressly or impliedly barred---Civil courts are, thus, courts of ultimate jurisdiction---It is trite law that even if there is any bar in the statute ousting the jurisdiction of civil court, it cannot operate as absolute---Civil courts are courts of ultimate jurisdiction and unless jurisdiction is either expressly or impliedly barred, the final decision with regard to a civil right, duty or obligation, shall be that of the civil courts---Where allegation of mala fide action has been made in plaint, the civil court despite the bar placed on the relevant statute can examine the acts on account of being tainted with mala fide, coram non judice or void---The civil court, however, cannot jump into the matter, if its jurisdiction is either expressly or impliedly barred unless remedy provided in the relevant statute is exhausted---Due to the specific bar contained under the Punjab Boards of Intermediate and Secondary Education Act, 1976, which comprehensively provided a statutory framework for addressing matters pertaining to the correction of date of birth and change of name in educational records, the amended provision of S. 9, C.P.C., would be attracted---In light of the express exclusion provided by the special law, the jurisdiction of the civil court stood ousted, as the legislature had entrusted such matters to the exclusive domain of the authorities established under the said Act, thereby precluding adjudication by civil courts---High Court allowed the civil revision and remanded the matters to civil court for deciding the question of jurisdiction afresh after keeping in consideration the amendment in S.9 C.P.C., introduced through Code of Civil Procedure (Punjab Amendment) Act (XIV of 2018).

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION RAWALPINDI vs SADIA IQBAL S — 2025 PLD 709 LAHORE-HIGH-COURT-LAHORE

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