1

CR No.

06 /2020

c/w CCP(S) No.157/2020

Suppl. List

S. No. J1

HIGH COURT OF JAM

U AND KASHM

IR

AT SRINAGAR

CR No.06/2020

CM

No.1007/2020

CM

No.3305/2020

c/w

CCP(S) No.157/2020

in [CR No.06/2020]

CM

No.2365/2020

Sara

h Binti M

ehboob (minor)

…….

Petitioner(s)

Through:

M

r. M

anzor A. Dar, Advocate.

Versus

Registrar, Birth and Deaths and others.

……..

Respondent(s)

Through:

M

r. Hakim Suhail Ishtiaq,

Advocate

Mr. M

omin Khan, Advocate

CORAM

:

PUNET GUPTA

, JUDGE

Judgm

ent

1.

Th is civil revision ha

s been

filed against the

impugned order

dated

24.12 .201

9 in terms whereof the execution petition seking

enforcement and implementation of the judgment dated 14.11.2019

in civil original suit titled

Sarah Binti M

ehboob Vs. Registrar Birth

and Deaths

, Srinagar

and anr.

, bearing file No.73/N

passed

by the

learned

Additional District Judge, Srinagar, has ben dismissed

.

2.

The fact

s leading to the filing of instant revision petition as well as

contempt petition

in hand is that

pursuant to notification issued by

respondent No.2 inviting applications for admission in LKG class

2

CR No.

06 /2020

c/w CCP(S) No.157/2020

for the year 2019

-20, petitioner

(minor)

herein through her father

submitted the admission form alongwith requisite documents on

12.09.2019 under Registrat

ion No.1111. After completing the

process of interaction, respondent No.2 issued a list of selected

candidate

s wherein the name of petitioner also figured.

Subsequently, the school authorities

expressed their inability to

receive the admission fe on ac

ount of discrepancy noticed in the

photo

-copy of birth certificate submitted along with application

form wherein

the date of birth in figur

whereas the date of birth in wor

Thousand Sixteen’. That

despite submitting the documents

substantiating the date of birth of the petitioner

-Sarah Binti

M

ehboob

-as 05.11.2015, the school authorities declined to consider

the same.

The respondent No.1 file

d a civil suit

for redressel of

grievance.

On an application

filed

for grant of interim relief, the

trial Court passed an

interim

order dated 23.10.2019 whereof

respondent No.

1 was directed to consider and dispose of the

representation of the petitioner

for issuance of duplicate date of birth

cer

tificate and respondent No.2 was directed to admit the petitioner

-

child on provisional basis subject to undertaking given by her father

that in case she fails in the suit her admission would be cancelled.

The

respondent No.1 issued date of birth certificat

e reflecting the

date of birth of the petitioner as 05.11.2015 both in words and in

figures. However, respondent No.2 did not comply with the

direction dated 23.10.2019, which prompted the petitioner to file

contempt petition on 29.10.2019.

The c

ounsel f

or respondent No.2

3

CR No.

06 /2020

c/w CCP(S) No.157/2020

made a statement before the trial Court that suit of the plaint be

disposed of by giving a direction to respondent to admit the

petitioner in their school in light of facts and circumstances of the

case.

The t

rial Court after noticing t

hat date of birth certificate has

ben issued by M

unicipal Authorities showing date of birth of the

petitioner as 05.11.2015 and upon submission made by counsel for

respondent No.2, the

court

disposed of

suit

vide judgment dated

14.11.2019.

3.

The responden

t No.2 d

espite the

final judgment dated 14.11.2019

did not implement the same

and as a consequence thereof the

petitioner filed

contempt

as well

execution petition seking

enforcement and implementation of the judgment

. In the said

execution/contempt petition, respondent No.2 filed objections

contending therein that the certificate submitted on behalf of the

petitioner was forged/fake a

nd sam