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THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
KUM. NISHVIKA HARSHA KARUNYA – Appellant
Versus
THE REGIONAL OFFICER – Respondent
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 K
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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