IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
CWJC No. 11145 of 2025
(12.1.2026)
Hamzah Hassan ... Petitioner
vs.
Chairman, Central Board of Secondary Education (C.B.S.E.) & Ors. ... Respondents
School Laws – Date of Birth – Correction – Petitioner is seeking direction upon CBSE to make necessary correction in date of birth of petitioner in records of school as well as records of CBSE including Matriculation Certificate and Marksheet and other certificates – CBSE is obliged to allow corrections consistent with school records without imposing precondition, except a reasonable limitation period tied to duration of record preservation – Any embargo on name change before publication of result is deemed unreasonable, though CBSE may reject request where records are no longer traceable – For changes not consistent with school records, if supported by public documents, CBSE must accept them subject to reasonable restrictions; however, where change is based on a newly acquired name without supporting documents, it may be allowed only upon Court declaration, gazette publication, return of original certificate and payment of prescribed fees – Based upon public documents like birth certificate, Aadhar card, election card etc., change in CBSE certificate can be incorporated – CBSE is a record keeper of considerable importance – Matriculation Certificate of a person is considered an unassailable proof of date of birth – If entry of date of birth in certificate or mark-sheet does not tally with that in birth certificate issued by statutory authority as well as in other document, including Passport, petitioner would have to face serious hardship – Failure to exercise jurisdiction will result in injustice to aggrieved – Regional Officer, CBSE, directed to process application for correction of date of birth of petitioner in certificate(s) issued by it – Writ Petition allowed. (Paras 10, 16 to 21)
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 petitioner, the parents of the petitioner applied for his passport and, accordingly, a passport was issued in the name of the petitioner, the copy of which is also placed on record as Annexure-P/3 (series). Time to time upon expiry of the validity period of passport, the same was renewed and in all the places, the date of birth of the petitioner was duly mentioned as 20.12.1999. Subsequently, when the petitioner was admitted in the school and when he took admission in class-VIII in Vishashvi Public School, Patna, on account of inadvertent mistake, either by the authorities of the school or his parents, the date of birth was erroneously recorded as 07.08.2001. At the relevant point of time, the petitioner was only about 13 years. On account of the aforesaid mistake, a similar mistake was also committed at the time of submission of the Form, based upon which the registration was made and the admit card was issued. The petitioner appeared and successfully completed his All India Secondary School Examination (Class-X) in the year 2016. Subsequently after completing matriculation, the petitioner also completed his Senior School Certificate Examination (Class-XII) in the year 2018 from International School New Patliputra Colony, Patna. The petitioner also got enrolled as a student of Bachelor of Dental Surgery (BDS) in Buddha Institute of Medical Science and at present pursuing the said course.
4. It is the contention of the petitioner that for the first time, he came to know in May, 2025 when he tried to renew his passport that two different date of births have been recorded in his documents, inasmuch as in his passport, his date of birth has been mentioned as 20.12.1999 whereas in his school certificate it is mentioned as 07.08.2001.
5. Referring to the documents placed on record, especially the passport as well as the birth certificate issued by the Municipal Corporation, Mr. Vatsal Verma, learned Advocate for the petitioner, submitted that the correct date of birth of the petitioner was 20.12.1999, but on account of sheer mistake, while he was admitted in Class-VIII, some error has cropped up in filling the date of birth; thus, for rectification of the same, the petitioner approached the authorities of the CBSE and made correspondences with a request to make necessary correction in the date of birth. However, no action was taken. Hence the present petition.
6. Heavy reliance has been placed on a decision rendered by the Apex Court in the case of Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) vs. Central Board of Secondary Education & Ors. [(2021) 7 SCC 535]. Referring to the mandate of the Apex Court, it is contended that there is no bar in making necessary correction in the date of birth of a candidate if the same is supported with public documents
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.
Change of date of birth in exam certificate to younger age via subsequent birth certificate impermissible if conflicting with school records and earlier certificate; only corrections to align with sc....
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.
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