Suit for Declaration to Correct Educational Certificates

It is the fundamental right of every Pakistani citizen to have an Education Certificate with exact information. Incorrect Information of name, fathers name, or date of birth entry in educational certificate causes many problems in getting a job and university admissions. If Education Board or University has entered the wrong information, you definitely need to change otherwise it will cause many problems. The students name on the degree certificate should match the students official record as held by the University. This is the definitive record of the student and their achievement. If there is a mistake of name, fathers name, or date of birth in the education certificate, the student can file a suit for declaration against Education Board or University to reissue a degree certificate in their new name. This article is a guide for the citizens about changing a record in Educational records by filing a suit for declaration against the Education Board, University, or Higher Education Commission as the case may be. Future Problems if the educational record is not correct. 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 1481nbsp;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 recordThe 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 councils 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.nbsp;Court Procedure and service of noticesThe 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 CourtAt 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.

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