MUHAMMAD KHALIQ MANDOKHAIL vs GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R

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MUHAMMAD KHALIQ MANDOKHAIL VS GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R. 11---alteration of date of birth in service record---Disallowed---Malafide of Education Board in changing date of birth---academic credentials of the petitioner-civil servant clearly reflected that the date of birth was recorded as 1-3-1959 on every document including NaDRa record---Petitioner moved for correction of his date of birth after a lapse of 22 years of continuous service in the year 2014, and approached the Board of Intermediate and Secondary Education ('the Board'), to get his date of birth changed from 01-03-1959 to 20.12.1963---Board without any hesitation proceeded according to the whims of the petitioner and made the alteration, when it had no authority to entertain such a request---In the absence of any declaration from a Civil Court of competent jurisdiction, the Board was not empowered to change the date of birth---Whole proceedings carried out by the Board smacked of mala fide---Consequently the proceedings carried out regarding the change of date of birth were prima facie based upon an act of Board which was mala fide, based upon extraneous consideration, therefore, any superstructure raised over it would fall to the ground---Since the whole proceedings for alteration of date of birth were carried out by the petitioner after a lapse of 22 years of active service, therefore, it could safely be held that such proceedings were based upon an afterthought just to prolong the service tenure on the basis of frivolous and tainted documents---Petition for leave to appeal was dismissed and leave was refused with the observation that the Supreme Court in a number of cases had discouraged change in the date of birth of a civil servant, which could be for the purpose of unduly enhancing the tenure of service in employment.

MUHAMMAD KHALIQ MANDOKHAIL vs GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R — 2021 SCMR 595 SUPREME-COURT

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