HARISH KUMAR
Hamzah Hassan – Appellant
Versus
Chairman, Central Board of Secondary Education (C. B. S. E. ) – Respondent
Harish Kumar, J.—Heard Mr. Vatsal Verma, the learned Advocate for the petitioner and Mr. Vinay Krishna Tripathy, the learned Advocate for the Central Board of Secondary Education (for short ‘the CBSE’).
2. The petitioner by invoking the extraordinary writ jurisdiction of this Court is seeking a direction upon the concerned respondent authorities, especially the authority of the CBSE to make necessary correction in the date of birth of the petitioner in the records of the school as well as the records of CBSE, including the matriculation certificate and the mark-sheet and other certificates from 07.08.2001 to 20.12.1999, in accordance with valid and official records of the petitioner.
3. Briefly stated, the petitioner was born on 20.12.1999 at Kurji Holy Family Hospital, Patna, whereupon a certificate of birth was issued to the parents of the petitioner by the hospital bearing Registration No. 3794/99 and IP No. 15269/99. Based upon which, birth certificate was also issued by the Municipal Authorities on 08.02.2000 to the parents of the petitioner. In the afore-noted certificate, the date of birth of the petitioner was duly recorded on 20.12.1999. Subsequently to the birth of the peti
Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) vs. Central Board of Secondary Education
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.
The court ruled that statutory documents, such as birth certificates, take precedence over school records for correcting date of birth entries, emphasizing the need for CBSE to align its records acco....
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.
Point of law: An authority vested with the jurisdiction to issue a certificate and to maintain record of it has inherent power to rectify the mistake, if any, that may occur in the certificate so iss....
Administrative rules regarding correction timelines in education contexts may be set aside to achieve justice in cases of genuine errors.
Central laws regarding record corrections prevail over state regulations, permitting date of birth amendments in educational records.
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