If your name, fathers' name, or date of birth is wrong on your educational documents when you apply for higher education or employment, it will create a number of problems. You have to approach the civil court and get a declaration decree for the correction of record in educational record.
Documents Required
While filing a suit of declaration to correct the date of birth in the educational record you must have the following documents in your possession.
1. Birth Certificate of NADRA
2. Matriculation Degree
3. CNIC
4. Father’s CNIC (in case father name change needed)
5. Union council birth registration certificate
Limitation to file Suit of Declaration
Education record correction falls under the category of declaratory suits. The limitation of filing a suit of declaration is six years by the provisions of the following laws;
1. Section 42 of The Specific Relief Act, 1877
2. Article 120 of The Limitation Act,1908.
2015 MLD 1481 also held that to change the date of birth, the plaintiff has 6 years to commence legal proceedings in court.
Refusal of Educational Department to correct the record
The citizens approach Higher Education Commission or The Education Board to correct the record and they are asked to bring an affidavit swearing that the original name, fathers' name, or date of birth is wrongly entered. Even then HEC refuses to correct the date of birth and will tell you to get a court declaration decree. That’s why don’t waste your time and file a suit to correct the record on the educational certificates.
Suit of Declaration
The right procedure is that you need to file a plaint in civil court. This plant contains all the facts regarding your name, fathers' name, city, the date in the union council's birth certificate, NADRA B.Form, and matriculation degree. You have to attach these documents in order to strengthen your claim. The procedure is the same in order to change your name or father’s name in NADRA CNIC.
Court Procedure and service of notices
The Court will issue summons to Higher Education Commission, University, and Education Board as the case may be, to appear on the next date and submit their written statement.
On the next date when counsel from HEC appears before the court and submit a reply. The court will again give you the next date on which HEC counsel will examine and cross-examine the plaintiff.
Evidence in the Court
At the time of cross-examination, you must have all your documents with you.
When the cross-examined is over the court will pronounce its judgment. The court will also give direction to the HEC or University to correct the record of the plaintiff.
The court procedure takes up to 3 or 4 months and you will get the Court Order of correcting the record.
Delay in filing declaration suit and crossing limitation
The right of citizens of correcting the educational record cannot be restricted on the ground of delay in filing a suit of declaration for correction of an office mistake
