تاریخ پیدائش میں غلطی کی صورت میں میڑک کے سند کو ترجیح دی جائ گی

2022 S C M R 912

Specific Relief Act (I of 1877)---

----S. 42---Suit for declaration seeking change in date of birth---Preference given to date of birth recorded in matriculation certificate--- First document on record was respondent's/plaintiff's Grade VI School Leaving Certificate issued on 30-6-2009 containing respondent's date of birth as 05-06-1994 and the second one was the admission form whereby his admission in Grade VI was approved on 24-6-2009, which also contained the respondent's date of birth as 05-06-1994---Additionally, the respondent himself while filling up the examination form of Matric, had again given the same date of birth---In his suit he stated that after he passed the Secondary School Certificate (SSC), he came to know about the fact that incorrect date of birth was mentioned in his educational record and consequently, he filed the suit---However, such claim was negated by the fact that prior to SSC result, he had on 27-11-2013 applied to his academy for correction of his date of birth on the basis of his birth Certificate issued by NADRA on 19-11-2013---High Court had committed gross error of upsetting concurrent findings of the Courts below in directing the Educational Board to change respondent's date of birth merely on the basis of birth certificate issued by NADRA almost 19 years after respondent's birth and that too without supportive form 'B' which could not have been given preference over the date of birth recorded in respondent's matriculation certificate---Coming to the oral evidence, the respondent in support of his case besides official witness who produced the record, examined two witnesses, the first one was just 22 years of age whereas the other was 21 years old---Both witnesses were respondent's cousin and their statements were nothing but hearsay and could not be safely relied upon---High Court remained oblivious of the fact that such evidence, documentary as well as oral could not be made basis of changing the record maintained by the Board---Petition for leave to appeal was converted into appeal and allowed, impugned judgment of High Court was set-aside with the consequence that suit filed by respondent seeking change in his date of birth was dismissed