Class 10 Marksheet Is A Public Document, Credible And Authentic As Proof Of Birth: Rajasthan High Court
Live LawUpholding the election tribunal's decision disqualifying a man from the post of Sarpanch as he had two additional children after cut off date, the Jaipur bench of the Rajasthan High Court reiterated that matriculation certificate is a public document and is credible and authentic as per Section 35 of the Indian Evidence Act. Referring to the decision of the Supreme Court in Rishipal Singh Solanki Vs. State of UP the court said that the "matriculation certificate is a public document and the same is credible and authentic", as per the provisions of Section 35 of the Evidence Act. It then said, "In view of the aforesaid facts, reasons and judicial pronouncements, the judgments relied upon by counsel for the petitioner are of no help to the petitioner, looking to the peculiar facts and circumstances of this case because the entry regarding date of birth of the children in their marksheets of Class 10th in the records of Board of Secondary Education, has not been challenged by anyone, hence the same has attained finality and no reason has been assigned by the petitioner that on what basis incorrect dates of birth of his son and daughter were recorded in the records of Class 10th marksheet by the Board of Secondary Education. He has miserably failed to satisfy this Court that if dates of birth of his son and daughter are not correct in the marksheets of Class 10th issued by the Board of Secondary Education, even then why no steps have been taken by anyone of them, for correction of the date of birth in the records of Board of Secondary Education.”
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