To address the query regarding the procedure for changing the date of birth in NADRA records and educational documents, a comprehensive approach is required, considering both legal precedents and procedural guidelines.
- Correction of Date of Birth in NADRA Records
To get the date of birth corrected in CNIC, you need to follow the following steps:
- Visit NADRA Registration Center: Go to the nearest NADRA Registration Center.
- Application Form: Obtain and fill out the application form for CNIC modification.
- Required Documents:
a. Birth Certificate (if available) b. Matriculation Certificate c. School leaving certificate
- Submission of Documents: Submit the filled form along with the required documents.
- Biometrics: Undergo biometric verification at the NADRA center.
- Fee Payment: Pay the applicable fee for CNIC modification.
- Receive Acknowledgement: Obtain an acknowledgement receipt for the application.
- Processing Time: Wait for the CNIC to be processed and updated, it might take 15-30 days.
- Receive Updated CNIC: Collect the updated CNIC from the NADRA center or receive it via mail, as per the selected delivery option.
NADRA is obligated to maintain a correct database and print correct information on the CNIC.
However, it is important to note that, in some cases, NADRA might direct the applicant to obtain a court decree for rectification, if there is some discrepancy in the documents. However, Mrs. ROQUAIYA FARID Versus FEDERATION OF PAKISTAN, 2017 CLC 1366 suggests that NADRA should rectify incorrect entries in its records based on available evidence without unnecessarily burdening citizens with court proceedings.
- Correction of Date of Birth in Educational Documents
- Contact the Concerned Educational Board/Institution:
a. Initial Application: File an application with the relevant educational board or institution (e.g., Board of Intermediate and Secondary Education) for date of birth correction.
b. Document Submission:
a. Revised CNIC.
b. Birth Certificate.
c. School leaving certificate.
d. Any other relevant documents.
- Board Procedures:
a. Document Verification: The board will verify the submitted documents.
b. Committee Review: The application might be reviewed by a committee.
c. Decision: The board will make a decision based on the verification and review process.
- Court Intervention (if Required):
a. Filing a Suit: If the educational board denies the correction, file a suit for declaration in a civil court.
b. Legal Grounds: The suit should state the reasons for the correction, supported by documentary evidence.
- After obtaining decree, approach education institution again.
It is important to state that the date of birth recorded at the time of joining government service is final and should be the basis for official records, including the CNIC. Therefore, government employees should be diligent in ensuring that their date of birth is accurately recorded in their service records.
Court should be vigilant in granting discretionary relief of declaration in cases where plaintiffs seek a change in their dates of birth in educational testimonials.
Following are the general guidelines followed by Courts when application for correction is filed:
- Importance of Documentary Evidence: Mst. FATIMA Versus DIRECTOR-GENERAL NADRA and another, 2022 YLR 1567 highlights the importance of documentary evidence, particularly matriculation certificates, in cases involving date of birth disputes.
- Preference for Contemporaneous Records: CHAIRMAN, FEDERAL BOARD OF INTERMEDIATE AND SECONDARY EDUCATION Versus KUMAIL KHAN, 2022 SCMR 912 emphasizes the importance of considering the totality of evidence, including contemporaneous documents, when determining factual matters such as date of birth and suggests that NADRA certificate is not enough to change the date of birth.
- Consistency in Official Records: Naveed v. National Database and Registration Authority, 2020 M L D 157 reinforces the importance of consistency in official records and the need for substantial evidence to support claims for altering such records.
- Role of NADRA Records: IMRAN KHAN Versus FEDERATION OF PAKISTAN, 2016 YLR 323 clarifies that citizens have the right to seek corrections in their CNICs when discrepancies exist and that NADRA cannot avoid its responsibility to maintain accurate records.
In conclusion, the procedure to change the date of birth in NADRA and educational documents involves distinct steps for each. For NADRA, it entails visiting a registration center, filling out a form, submitting documents, undergoing biometrics, and paying the fee. In some cases, a court decree may be necessary. For educational documents, one must apply to the relevant board or institution, provide necessary documents, and, if rejected, pursue a suit in civil court to obtain a decree for correction. As highlighted in the judgments, documentary evidence, consistency in records, and adherence to procedural requirements are crucial in both processes.