2025 KHC 42825
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J.
Nishvika Harsha Karunya D/o Devaraj R. – Appellant
Versus
The Regional Officer, Central Board of Secondary Education (CBSE), Bengaluru – Respondent
Writ Petition No. 19532 of 2025
Decided On : 28-10-2025
Advocates Appeared :
For the Appellant : Uday Shankar M.
For the Respondents : K.V. Prabhakar Gowda, Shailendra M.R., Manjunath K.
| Table of Content |
|---|
| 1. relief sought for correcting father's name. (Para 1) |
| 2. background of the case and prior judgments cited. (Para 2 , 3) |
| 3. arguments against the petition. (Para 4 , 5) |
| 4. court's prior rulings relevant to the case. (Para 6 , 7) |
ORDER :
1. In this petition, the petitioner seeks the following reliefs:
“a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent No.1 – CBSE to rectify the father’s name in the academic records of the petitioner Kum.Nishvika Harsha Karunya (Roll No.18101562), by replacing “G.Manjunath” with “Devaraj R” and issue a fresh Secondary School Certificate.
b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent No.2 – Department of Pre-University Education, Karnataka to rectify the father’s name in the academic records of the petitioner Kum.Nishvika Harsha Karunya (Roll No.777254) in it official records and issue a correct PU marks card by replacing “G.Manjunath” with “Devaraj R” and issue a fresh Secondary School Certificate.”
2. Heard the learned counsel for the petitioner, learned counsel for respondent No.1 - CBSC, learned HCGP for respondent No.2 as well as learned counsel for respondent No. 3 and perused the materials on record.
3. A perusal of the materials on record will indicate that the petitioner Kum.Nishvika Harsha Karunya completed her 10th standard CBSE in 2020 and Pre-University in Karnataka in 2022. Though the petitioner is the daughter of Devaraj R., the official academic records show the name of the petitioner’s father as G.Manjunath, who is none other than the grandfather of the petitioner. Under these circumstances, the petitioner submitted a representation dated 17.04.2025 to respondent Nos. 1 and 2, who did not comply with the said request and as such the petitioner is before this Court, by way of the present petition, placing reliance on the order passed by this Court in the case of Kum. Anum Fathima Sheik vs. State of Karnataka and Others (W.P. No. 19600/2024 disposed of on 05.08.2024), order passed by the High Court of Rajasthan in the case of Chirag Naruka vs. Chairman, Board of Secondary Education and Others , 2025 SCC Online Raj 2396, order passed by Delhi High Court in the case of Vijay Kumar vs. Central Board of Secondary Education , 2023 SCC Online Del 703 and the order passed by Lucknow High Court in the case of Rashmi Srivastava vs. State of U.P. and Others , (2022) 07 ILR 108.
4. Per contra, learned counsel for the respondents submit that there is no merit in this writ petition.
5. Under identical circumstances in the case of Kum. Anum Fathima Sheik (supra), this Court followed the judgment of the Apex Court in the case of Jigya Yadar (Minor) vs. C.B.S.E. and Others (Civil Appeal No. 3905/2011) and one more judgment of a Co-ordinate Bench of this Court in the case of Miss. Bhavani Umanand vs. Central Board of Secondary Education and Others (W.P. No. 12869/2022 dated 20.09.2023), held as follows:
“In this petition, the petitioner seeks the following reliefs:
“a) Issue a writ in the nature of mandamus directing the respondent No.2 & 3 to make necessary change/ modification of the Petitioner’s date of birth from 20.04.2008 to 20.11.2008, in all the educational records, viz, Marks card and other records as per the documents issued by the Government of India produced vide ANNEXURE-A,B & C.
b) Issue such other reliefs as this Hon’ble Court deems fit in the interest of justice and equity.”
2. Heard learned Senior counsel for the petitioner and learned AGA for the respondents and perused the material on record.
3. Learned Senior counsel for the petitioner invited my attention to the judgment of this Court in the case of Miss. Bhavani Umanand vs. Central Board of Secondary Education and Others , W.P. No. 12869/2022 dated 20.09.2023, in order to contend that the issue in controversy in the present petition is covered by the aforesaid judgment and the present petition may be disposed of i
AI
Academic records must align with accurate public documents, and requests for corrections should be processed without unreasonable preconditions.
The main legal point established in the judgment is that the Examination Bye-Laws of CBSE are not of statutory nature, and a strict and restrictive approach in matters involving correction or change ....
Date of birth can be corrected in CBSE records based on public documents, given the criteria established in relevant byelaws, without imposing unreasonable limitations on the time for correction.
In order to maintain writ of mandamus, first and foremost requirement is that petition must not be frivolous, and must be filed in good faith.
Date of birth correction - Birth Certificate issued by the competent authority under the provisions of the Act of 1969 is a statutory certificate, which has very high evidentiary value and respondent....
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