Case Details

Citation(s)
2001 SLG 2471 2001 SLD 2471 2001 CLC 972
Peshawar High Court
Civil Revision No.78 with Civil Miscellaneous No.84 of 2000, decision dated: 22-09-2000
NASIRUL MULK, J
Sardar Nasir Aslam Khan for Petitioner. Mir Afzal Malik for
Respondents Nos. 2 and 3

SAIMA ILTAF

VS

PRINCIPAL, JUNIOR BURN HALL GIRLS COLLEGE, ABBOTTABAD and 2 others

Law:

Section:

Educational institution---------Examination---Date of birth of student, determination of---Date of birth recorded according to Matric and Intermediate Certificates had been sought to be corrected by student contending that date of birth recorded in Medical Certificate by the doctor of the hospital where the student was born was correct and same could not be disbelieved---Validity---Medical Certificate was not issued at the birth of the candidate, but was freshly issued after more than fourteen years and was not substantiated by production of the relevant Register---Such Medical Certificate would -not be enough to dislodge the documentary evidence against claim of student with regard to date of birth. ORDER Saima Iltaf, a student of Medical College, has filed this civil revision against the judgment and decree of the District Judge, Abbottabad, dated 25-4-2000 by which the judgment and decree of the Senior Civil Judge, Abbottabad, dated 22-6-1999 passed in favour of the petitioner was set aside and the suit of the petitioner-plaintiff against the Federal Board of Intermediate and Secondary Education, Islamabad and the Principal, Junior Burn Hall Girls College, Abbottabad for correction of her date of birth from 28-2-1972 to128-2-1975 was dismissed. 2. The learned counsel for the petitioner was heard in motion. He contended that the District Judge; has without sound reasons, disbelieved the birth certificate produced by the doctor of the hospital where the petitioner was born. He further submitted that the defendants-respondents had not produced any evidence to ' contradict the claim of the petitioner, but had simply relied upon the Matric and Intermediate Certificates in which the petitioner's date of birth is stated to be 28.2-1972. The learned counsel pointed out that the representative of the Burn Hall College, where the petitioner had studied was unable to produce any record in which the petitioner's date of birth has been recorded to be that given in the Matric Certificate. 3. The learned counsel representing the respondents, who appeared on pre-admission notice, were heard. It was argued on behalf of the respondents that the plaintiff-petitioner had to…
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