UNIVERSITY OF J&K Vs. KISHEN SINGH

JUDGEMENT

(1.) THIS is a civil second appeal against the decision dated 24 -8 -1967 of the learned Additional District Judge Srinagar, affirming the judgment of Addl. Munsiff, Srinagar, decreeing the plaintiffs suit for declaration to the effect his date of birth was 14 -9 -1992 (Samvat) and not 23rd Har 1992 and for directions to the University to make the necessary corrections in its records.

(2.) THE learned Counsel for the appellant has not, and I think, rightly so, assailed the correctness of the findings of fact arrived at by the two Courts below. He has confined his submissions in regard to the non -maintainability of the suit. The only point urged by him is that the Courts jurisdiction entertain the suit against the university in barred. He has not been able to to refer me to any provisions of law excluding the, jurisdiction of the Civil Court in a matter of the present character. In support of his contention has only relied upon regulations Nos. 4 at pages 218 and 219 of the Hand Book of the University (1958 Edition) which run as under: -

(3.) THE above regulations as would be plain from their perusal only limit the right if making an application to the university or correction of the date of birth but do not bar the jurisdiction of the Civil Court to entertain a suit in that behalf. It is well settled principle of law that the exclusion of the jurisdiction of Civil Courts is not to be readily inferred but that such exclusion must either be explicit or clearly implied. It is also conceded by the learned Counsel for the appellant that there is no express provision in the aforesaid regulations or any statute which can be said to bar the jurisdiction of the Civil Court, but it is urged by him (hat the regulations bar the jurisdiction ol the Civil Court by implication.