Muhammad Arshad And Another vs Mian Noor Ahmad And Other
This matter arises from a petition for leave to appeal concerning the correct determination of the petitioner's date of birth, where conflicting dates were recorded in the matriculation certificate versus the birth certificate and identity card. The core legal question revolved around which official record of date of birth should prevail when the petitioner himself declared a specific date in his academic admission form without seeking prior correction from the educational board. The Supreme Court of Pakistan held that the date of birth voluntarily declared by the petitioner in his matriculation admission form remains binding, rendering subsequent reliance on alternative birth records irrelevant in the absence of a formal, prior correction before the board authorities. Consequently, the petition was dismissed and leave to appeal was declined, establishing that a candidate cannot disown the date of birth self-reported in official academic forms without timely seeking its rectification from the competent educational board.
- Which date of birth prevails when a candidate's matriculation admission form conflicts with their birth certificate?
- Can a petitioner rely on a birth certificate date without having sought prior correction from the educational board?
- Does the Supreme Court interfere with unexceptionable concurrent findings regarding a petitioner's declared date of birth?
ORDER
1. IFTIKHAR MUHAMMAD CHAUDHRY, C.J.- lt is an admitted fact that in matriculation certificate petitioner M. Arshad has shown his date of birth to be 11th December, 1980. Learned counsel stated that in birth certificate and identity card his date of birth is mentioned to be 25th November, 1976.
2. Therefore, in view of the judgment in the case of Waqas Akram (2003 SCM R 145) the date as mentioned- in birth certificate is to be accepted, lt may be noted that the authority relied upon by the learned counsel is distinguishable and is not applicable to the facts of instant case. Further it is a fact that when the petitioner filed his Admission Form for his appearance in matriculation examination of Board of Intermediate and Secondary Education, Karachi; he himself has mentioned 11th December, 1980 as his date of birth. Therefore, the date of birth shown in the birth certificate and identity card as 25.11.1976 has no relevance because he has never applied for its correction at any stage to the Board Authorities. As such, we are of the opinion that the impugned judgment being un-exceptionable admits no interference, as such, the petition is dismissed and leave to appeal is declined.