STATE BOARD OF SCHOOL EDUCATION Vs. KHURSHID RASOOL
HIGH COURT OF JAMMU AND KASHMIR
STATE BOARD OF SCHOOL EDUCATION
Click here to view full judgement.
G.D.Sharma, J. -
(1.) This Civil Second
Appeal is directed against the judgment and
decree dated October 12, 1998 passed by the
learned 2nd Addl. District Judge, Srinagar, affirming in appeal the judgment and decree
dated Sept. 30, 1997 of the learned City
Judge, Srinagar whereby the suit filed by plaintiff-respondent No. 1 herein was decreed in
ex-parte holding that the date of birth of respondent No. 1 herein was July 30, 1980 and
not July 30, 1978 and appallent herein was
directed to enter respondent No. 1's date of
birth as July 30, 1980 in the birth records and
to issue the rectified certificate accordingly.
(2.) The factual matrix of the case briefly
stated is that respondent No. 1 filed the suit
through his father as next friend by pleading
that his parents were married on 10.2.1978
and out of this wed-lock he was born on July
30, 1980 but in the absence of his father his
grand-father got him admitted in D.A.V. Institute, Jawaharnagar, Srinagar where by mistake his date of birth was recorded as July 30,
1978. In the year 1994, respondent No. 1
appeared in the matriculation examination and
in the records of the School Education Board
his date of birth was recorded as July 30, 1978.
Privisional certificate was issued in his favour
on 14.3.1995, on the basis of this certificate
he took admission in Higher Secondary School,
Old Hospital Road, Jawaharnagar, Lalmandi,
Srinagar and at this stage he came to know
about the mistake. He approached the appellant herein and despite repeated requests the
records were not rectified.
(3.) The appellant herein had filed the written statement and the following four issues
were framed :
1. Whether the plaintiff was born on
30.7.1980, more than 11/2 years
after the marriage of his parents?
2 Whether his date of birth has by
mistake been recorded as
3. Whether the plaintiff has a right
to have the actual date of birth recorded in the records maintained
by the defendants? Opp;
Copyright © Regent Computronics Pvt.Ltd.