STATE BOARD OF SCHOOL EDUCATION Vs. KHURSHID RASOOL

JUDGEMENT

(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 :