Age

Entry made in record of NADRA may not be a conclusive proof of age.

Such entries would carry presumption of truth.

Documents pertaining to education record and passport which were never contested and rebutted were supporting documents.

Sentence of death was converted into life imprisonment in circumstances

Date of birth mentioned in National Identity Card would ordinarily be taken to correct unless proved to the contrary by cogent and convincing evidence

Date of birth recorded in School/Board record, though different, but earliest in time than National Identity Card, would be taken to be true

Principles.

Date of birth mentioned in National Identity Card would ordinarily be taken to correct unless proved to the contrary by cogent and convincing evidence

Date of birth recorded in School/Board record, though different, but earliest in time than National Identity Card. would be taken to be true

Principles.

Conflict/discrepancy in dates of birth appearing in National Identity Card, Dakhil/Kharij Register of School and Certificate issued by Headmaster of school (on the one hand) and Certificate or Board of Intermediate and Secondary Education and Matriculation Examination Form (on the other hand)

Proof

National Identity Card would be treated more authentic as presumption of truth was attached thereto

National Identity Card could be considered evidence and would hold the field, unless same was rebutted by good and better evidence

Normally, date of birth mentioned in National Identity Card would be given preference over Certificate of Board and Matriculation Examination Form

Entry in Dakhil/Kharij Register of School and Certificate issued by Headmaster of School regarding date of birth would not be given weight in presence of National Identity Card, Certificate of Board and Matriculation Examination Form

Non-obtaining National Identity Card for more than 7 years after attaining age of 18 years would give rise to adverse presumption about its genuineness and create serious doubt about date of birth appearing therein

Such issue could be resolved, by production/summoning of Form "B"

Where facts and circumstances created serious doubts regarding veracity of date of birth appearing in National Identity Card, then Matriculation Examination Form filled in by the student himself and Certificate of Board of Intermediate and Secondary Education regarding his date of birth would be preferred

Principles.

Best evidence to prove the fact of the age of a person was from those who would have in t& ordinary course of life personal knowledge

Statement of the mother of the person concerned, with regard to her age; entries in the Birth Register and the Matriculation Certificate could be considered as unimpeachable evidence.

Age of a person can be proved by the opinion of radiologist and the evidence of radiologist is to be preferred over the school certificate.

Birth Certificate and School Leaving Certificate could not be preferred over the report of the Medical Board according to which the abductee was 18 years of age who claimed to have contracted marriage with the accused with her free-will and consent

Other accused had allegedly signed the Nikahnama as witnesses

No allegation of Zina or abduction was made against the accused and their case required further inquiry

Police also had recommended for the cancellation of. the case on the ground that the allegations levelled in the F.I.R. were not proved

Accused were admitted to bail in circumstances.

Civil servant was relieved of his duties after more than twenty-five years of service on his application under Voluntary Separation Scheme

Civil servant, after retirement sought for correction of his date of birth recorded in his service record, but his request was turned down

Appeal filed against order of Authority was dismissed by Service Tribunal observing that civil servant who had served for more than twenty-five years, should have taken up point of correction of his date of birth before his retirement, but he having failed to agitate that point during that period, could not ask for correction of date of birth at such belated stage

Entries with regard to date -of birth in application filed by civil servant under Voluntary Separation Scheme were duly signed by him and same were in line with entries in his Service Book

Civil servant who had failed to get his date of birth corrected within quarter of a century, efforts made by him after such a long time to have his date of birth corrected being afterthought, were rightly rejected by Authorities as well as Service Tribunal.

Civil servant was relieved of his duties after more than twenty-five years of service on his application under Voluntary Separation Scheme

Civil servant, after retirement sought for correction of his date of birth recorded in his service record, but his request was turned down

Appeal against order of Authority was dismissed by Service Tribunal observing that civil servant who had served for more than twenty-five years, should have taken up point of-correction of his date of birth before his retirement, but he having failed to agitate that point during that period, could not ask for correction of date of birth at such belated stage

Entries with regard to date of birth in application filed by civil servant under Voluntary Separation Scheme were duly signed by him and same were in line with entries in his Service Book

Civil servant who had failed to get his date of birth corrected within quarter of a century, efforts made by him after such a long time to have his date of birth corrected being afterthought, were rightly rejected by Authorities as well as Service Tribunal.

Petitioner was a civil servant who himself had provided his date of birth at the time of obtaining service and never objected to the same for more than 40 years

At the fag-end of his service, idea came to him for the correction of his date of birth so as to avail further period of service

Application for correction of service record was claimed to have been filed eight days before the date of retirement which was too late in the day for the petitioner to take up such a contradictory position

Petitioner, in circumstances, was not entitled to any discretionary relief under Art. 199 of the Constitution.

Candidate passed Matriculation Examination in the year 1989 and applied to Board for the change of the same after six years

Candidate relied upon Birth Certificate issued by Town Committee but Board refused to change the same-=Validity

Entry in the relevant certificate was ex facie fraudulent and, as such, was not contained in the relevant column

Candidate had not attempted to show to the Board that a mistake in the school records had occurred and, as such, same was a clerical mistake

Candidate could not establish to the satisfaction of the Board that at the time of joining a recognized school, the entry of date of birth was not available or the same had been discovered to be incorrect and what were those circumstances in which such a discovery was made

Candidate having not fulfilled the conditions laid down in Regln. 5, petition was dismissed.

High Court dismissed Constitutional petition of appellant/petitioner on ground that question as to his date of birth was a question of fact which could not be determined by High Court in exercise of Constitutional jurisdiction

Validity

Question of date of birth of appellant was determined by Scrutiny Committee and said question stood decided by competent forum

No factual controversy existed before High Court as same stood resolved by competent forum

Appellant passed written and oral tests and was recommended for appointment

No allegation of any misconduct or corrupt practice against appellant was made-;-Appellant had simply obtained revised documents after getting some wrong entries corrected in accordance with law which he could do-

Writ petition in the nature of quo warranto challenging appointment of respondent as Secretary, Services and General Administration was filed on the ground That he was inducted in service on 10-5-1966 and his date of birth as per Matriculation Certificate being 28-4-1936 and he having reached age of superannuation on 28-4-1996, could not have been appointed to that post

Writ petition was dismissed by High Court for lack of jurisdiction

Validity

Dispute relating to date on which civil servant had to retire would fall within terms and conditions of civil servant and the same was within exclusive jurisdiction of Service Tribunal

Jurisdiction of High Court, thus, stood ousted

Writ petition filed by petitioner, though couched as writ of quo warranto, yet basis on which same was sought was for seeking declaration for cancellation of notification of Government, fixing age of civil servant contrary to Matriculation Certificate and first entry to his Service Book, determining his correct date of birth and also his date of retirement

Such assertions essentially amounted to terms and conditions of service, for, retirement was one of terms and conditions of service

High Court, thus, had no jurisdiction in terms of S.47, Azad Jammu and Kashmir Interim Constitution Act, 1974

Leave to appeal was refused in circumstances.

[Affidavit].

Employee at time of his appointment was sent for medical examination and Chief Medical Officer concerned, after examination determined his age

Employee did not protest or objected to the age as determined by Chief Medical Officer despite employee was asked in writing that if he did not agree to age as determined by Chief Medical Officer he should represent against same within specified period by producing proper documentary evidence

After thirty years of his appointment when employee attained age of 60 years he was served with a notice regarding his superannuation, but he insisted to alter his age by producing birth certificate showing different age

Labour Court was not convinced regarding entry in birth certificate showing difference of 10 years and directed employer to re-examine employee by a Medical Board and decision of Board should determine the actual age of employee.

One could not have his education up to Matriculation and could leave school earlier, but School Leaving Certificate in that event would carry the date of birth

Such entry was generally given credence and considered to be authentic

Age described on medical examination of an employee by Doctor, was not final and conclusive because main object of Medical Certificate issued by Doctor after medical examination of employee was the verification about physical fitness of employee but date of birth or age was stated in said certificate only casually or as a corollary.

Police Surgeon's report based upon X-ray tests has to be preferred to the school certificate.

Age of a person as recorded in his identity card in absence of proof to the contrary would be accepted.

Accused of 16 years of age was not entitled to bail as a matter of right.

Death Register being contemporaneous and officially maintained to have greater probative value than oral evidence which was neither consistent nor exact.

Age-Date of birth-Entry in service record qua medical certificate-Medical certificate to be relied when other kind of evidence about age not available-Entry of date of birth is service record presumed to be given by employee in absence of cogent evidence to the contrary-No evidence that in service record fabrication made in respect of age-Labour Court, in circumstances, held, wrongly relied upon medical certificate and that even not based upon X-ray report

Workman challenging retirement on plea of incorrect date of superannuation-Plea based upon medical certificate not based upon X-ray report and contrary to entries in service record bearing his signatures-Dispute raised after receipt of all dues in final settlement and his request for confirmation of his son in service on grounds of his own retirement-Workman, in circumstances, held, debarred from challenging retirement- Order of Labour Court awarding reinstatement on grounds of not reaching superannuation age set aside in appeal by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A and 38 (3).

Age-Doctor's certificate issued on basis of X-Rays and not on basis of general appearance has evidentiary value-Retirement of workman made as superannuated on basis of medical certificate with X-Ray report - Order of Labour Court awarding re-instatement without back benefits, in circumstances, upheld by Appellate Tribunal - Employer directed to get workman re-examined for determination of age on basis of X-Ray reports-Workman having been retired on basis of medical certificate and not without same evidence in circumstances, held, not entitled to back benefits on re-instatement - Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3).

Age-Date of birth-Medical certificate of age - Carries little value - Based upon rough opinion and given approximately with possibility of variation of two to three years on either side May be acted upon when no other kind of evidence available-Date of birth given by employee and recorded in service record duly signed by him-Employee seeking change on basis of medical certificate-Refusal to change. Upheld and employee, in circumstances, held, estoppel from saying that his date of birth was not that as recorded and cannot be allowed to approbate and reprobate.

Medical certificate of Police Surgeon based on tests, held, to be accepted rather than school certificate and birth certificate issued by Municipal Committee.

Ss. 366 & 363 -Age -Baptism certificate-Admissible in evidence.

Age -Ascertaining age of girl-Examination by Radiologist and ossification test-Method for ascertaining with some degree of accuracy.

Proof-Birth or school certificates not conclusive for purpose of disqualifying from membership of elective body on ground of age-Basic Democracies Order (18 of 1959), Second Sch. Part II, para. I.