Case Note & Summary
The dispute arose over the respondent's date of birth, which was recorded as 2.10.1950 in her employment records with the appellant, CIDCO. The appellant contended that the respondent had submitted a form in 1975 indicating her date of birth as 2.10.1948, with a handwritten correction to 1950. Despite multiple requests for her school leaving certificate, the respondent claimed it was misplaced. She provided a birth certificate from the Panvel Nagar Parishad, dated 3.04.2000, confirming her date of birth as 2.10.1950. The appellant's Manager (Personnel) ruled her date of birth as 2.10.1948 based on various documents, including school admission records. The respondent challenged this decision in the High Court, which ruled in her favor, emphasizing that certified public records carry more weight than unverified private documents. The appellant argued that the Municipal Council's records were not conclusive since it was established after the respondent's employment began. The respondent countered that earlier records were maintained by the Gram Panchayat and should be considered valid. The Supreme Court upheld the High Court's decision, stating that the presumption of correctness of statutory records prevails unless proven otherwise. The appeal was dismissed with costs.
Headnote
A) Evidence Law - Presumption of Correctness - Statutory Records - Entries in statutory registers are presumed correct and admissible as evidence under Section 35 of the Indian Evidence Act, 1872 - The court held that the birth certificate issued by the Panvel Municipal Council was valid and should prevail over school records, as the latter lacked proof of being recorded at the instance of the guardian. (Paras 20-20).
Issue of Consideration
Whether the date of birth of the respondent as recorded in the statutory birth certificate should prevail over other documents.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that the birth certificate issued by the Panvel Municipal Council was valid and should prevail over other documents. The court emphasized the presumption of correctness of statutory records and the need for proof of any alleged interpolation.
Law Points
- Presumption of correctness
- statutory records
- interpolation in records
- public document precedence
- admissibility of evidence
