MUHAMMAD ARSHAD and another vs Mian NOOR AHMAD and others
This civil petition for leave to appeal before the Supreme Court of Pakistan arose from a dispute concerning the determination of the petitioner's correct date of birth. The core legal question was whether the date of birth recorded in a matriculation certificate, which was self-declared by the candidate in his admission form, should be discarded in favor of a different date of birth mentioned in his birth certificate and national identity card. The petitioner contended that the date in the birth certificate should be accepted, relying on precedent. The Supreme Court dismissed the petition and declined leave to appeal, holding that the date of birth in the matriculation certificate was binding. The Court observed that the petitioner himself had entered the specific date in his admission form for the matriculation examination and had never applied to the Board authorities for any correction. Consequently, the Court established the principle that a self-declared date of birth in educational records prevails over conflicting birth certificates or identity cards if no correction was ever sought from the competent educational authorities.
- Whether a date of birth recorded in a matriculation certificate can be disregarded in favor of a birth certificate if the candidate never applied to the board authorities for correction?
- Does a self-declared date of birth in a matriculation admission form bind the candidate in subsequent disputes regarding their age?
- Can a party rely on a conflicting date of birth in an identity card to challenge their matriculation certificate's date of birth without seeking prior correction from the educational board?
ORDER
1. ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---It is an admitted fact that in matriculation certificate.
2. 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.
3. 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. It 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 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 unexceptionable admits no interference, as such, the petition is dismissed and leave to appeal is declined.
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