Thursday, 3 February 2022

Limitation For Correction Of date of birth in Secondary School Certificate

 2021 MLD 1815 Islamabad

limitation -- computerized National Identity Card (CNIC), Primacy of Presumption of Truth-- Rebutting evidence, standard of wrong date of birth of secondary School Certificate -- bona fide case-- 

incorrect date of birth in Secondary School Certificate -- Suit for correction of date of birth Limitation period, accrual of Liability, determination would begin to run from the date of the issuance of SSC-- Held, that court had no reason to assume that the discrepancy was in appellant's knowledge at the time of issuance of the, SSC-- mistakes could creep into such information due to a fault on pat of parents/school -- appellant had not reached the age of majority at the time of providing personal information to be sent to the education board, hence she could not be held liable for mistake in record--Focus of the student would be on the marks recorded on the certificate and not ancillary details such as the date of birth -- appellant had no collateral/ulterior purpose--Appellant birth certificate, CNIC, passport and driving licence all reflected her correct date of birth, consequently it was not unfathomable that she had never focused on the date of birth as recorded on her SSC until her attention was drawn  to the same by the HEC -- time for purposes of limitation began to run when claim was denied thereby given rise to a cause of action--High Court set aside the finding of Trial Court that the suit was barred by time



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