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2016 Supreme(Pat) 403
IN THE HIGH COURT OF JUDICATURE AT PATNA
KISHORE KUMAR MANDAL, J.
Gunjan Verma - Petitioners
Versus
Central Board of Secondary Education (C.B.S.E.) - Respondents
Civil Writ Jurisdiction Case No.5274 of 2015
Decided On : 13-05-2016
For the Petitioner: Mr. Vikash Kumar Pankaj
For the Respondent: Mr. Vinay Krishna Tripthy
The court emphasized the importance of adhering to the time limitations set by the CBSE bylaws for requesting corrections in the date of birth recorded in education board certificates.
Headnote:
Date of Birth Change - Education Board Certificate - CBSE Bylaws - [Article 226 of the Constitution of India, CBSE Bylaws]
Fact of the Case:
The petitioner seeks a change in the date of birth recorded in the pass certificate and mark sheet issued by the CBSE. The petitioner's mother died in 1990, and the incorrect date of birth has caused difficulties in pursuing further education.
Finding of the Court:
The court found that the request for correction in the date of birth was time-barred as per the CBSE bylaws, and the delay in seeking correction without a plausible explanation sealed the fate of the petitioner's case.
Issues: The main issue was whether the court should allow a change in the date of birth recorded in the education board certificate despite the time limitation set by the CBSE bylaws.
Ratio Decidendi: The court held that the request for correction in the date of birth should have been made within 5 years as per the CBSE bylaws, and the delay without a plausible explanation led to the dismissal of the petitioner's application.
Final Decision: The court dismissed the application, finding no merit in the petitioner's case.
In this writ application filed under Article 226 of the Constitution of India, the petitioner wants a change in his date of birth recorded in the pass certificate (Annexure-2) issued by the Central Board of secondary Education (for short ‘the CBSE’) from 23.08.1993 to 23.09.1990. Similarly, a change in the date of birth of the petitioner is also sought in the mark sheet (Annexure-1).
2. The petitioner appeared at the All India Secondary School Examination in the year 2008 and having passed the examination was issued the mark sheet on 29.05.2008 and the pass certificate of the same date. Both the documents (Annexures-1 and 2) record the date of birth of the petitioner as 23.08.1993.After several years, an application dated 27.01.2015 was filed seeking change/correction in the date of birth of the petitioner from 23.08.1993 to 23.09.1990. It is stated that soon after giving birth, the mother of the petitioner died on 24.09.1990. As per the date of birth recorded in the pass certificate, the petitioner was aged about 15 years when he passed the Xth examination. Owing to mistake in recording the date of birth in the school register/record and other papers by the maternal grandfather with whom the petitioner was living after the death of his mother, the petitioner was unable to take admission in higher classes or pursue further study for few years. It will be obnoxious situation where the petitioner shall be treated to have been born 03 years after the death of his mother.
3. A counter affidavit is filed on behalf of the CBSE stating that under the bylaws of the CBSE, no such change/correction in the recorded date of birth is permissible. The bylaws of the CBSE permits correction of the date of birth due to clerical mistake/error where it is established that a wrong entry was made erroneously in the list of the candidates/application form of the candidate for the examination within five years.
4. Indisputably, in the school record of the petitioner the date of birth is entered as 23.08.1993. The entry was made in the school register on the basis of the form filled up and the date of birth provided for securing admission to the school. This must have been done by the guardian of the petitioner. Similarly, while filling up the form to take examination the date of birth i.e. 23.08.1993 was filled up by the examinee and on the basis thereof the said date of birth was entered in the pass certificate and the mark sheet issued to the petitioner. It is a case of complete substitution of the date of birth and not a mere correction in the date of birth owing to typographical error or human error which is not permissible.
5. I have heard Mr. Vikash Kumar Pankaj for the petitioner and Mr. Vinay Krishna Tripathy for the respondent CBSE.
6. It has been submitted that an anomalous situation of grotesque nature will arise if the correction or change in the date of birth is not permitted as the mother of the petitioner died in 1990. The case of the petitioner has been rejected by the respondent CBSE as time-barred. The respondents, therefore, did not apply their mind to the facts of the case and thereby refused to entertain the application of the petitioner. If the change or correction in the date of birth is not allowed, an incongruous situation shall come to the fore which this Court should guard against in order to do justice. Even the equity demands allowing the case of the petitioner.
7. Combating the submission of the petitioner, Mr. Tripathy has urged that under the bylaws of the CBSE any such correction in the date of birth can be requested within 05 years. The petitioner knew from the very beginning that his date of birth in the pass certificate as well as the mark sheet was recorded as 23.08.1993. If there was any grave error in recording the same causing serious prejudice to the petitioner, the same could have been brought to the notice of the CBSE for effecting correction. Even otherwise, it is not a case of correction in the date o
