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BUDDHA ACADEMY TIKAMGARH (MP) MPHC Junior Judicial Assistant JJA Exam-2022_English Typing Matter
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The Apex Court in a case observed that an entry in a school register may not be a public document and, thus, must be proved in accordance with law. It was further held that an entry in a register maintained in the ordinary course of business by a public servant in the discharge of his official duty or by any other person in performance of duty specially enjoined by law of the country in which such register is kept would be relevant fact only if the conditions mentioned in section 35 of the Evidence Act are fulfilled. Hence, the entry of date of birth in the admission form, the scholar register and transfer certificate must satisfy the conditions laid down in section 35 of the Evidence Act. Observation of the Apex Court are needs to be highlighted here. It is held that any document which is in consonance with public documents, such as matriculation certificate, could be accepted by the Court or the JJB provided such public document is credible and authentic as per the provisions of the Indian Evidence Act, 1872. For extent to which and how reliability of these documents is to be tested guidance may be taken from the observation in case wherein it was observed that "the Courts are not to conduce a roving inquiry into the correctness of school certificate or the date of birth certificate. It has been held that there may be situations where the entry made in the matriculation or equivalent certificates, date of birth certificate from the school first attended and even the birth certificate given by a corporation or a municipal authority or a panchayat may not be correct.
But Court, JJB or a Committee functioning under the JJ Act is not expected to conduct such a roving inquiry and to go behind those certificates to examine the correctness of those documents, kept during the normal course of business. Only in cases where those documents or certificates are found to be fabricated or manipulated, the court, the JJB or the committee and to go for medical report for age determination.
But Court, JJB or a Committee functioning under the JJ Act is not expected to conduct such a roving inquiry and to go behind those certificates to examine the correctness of those documents, kept during the normal course of business. Only in cases where those documents or certificates are found to be fabricated or manipulated, the court, the JJB or the committee and to go for medical report for age determination.
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