The date of birth certificate issued by municipal authorities is the basis for all official documents, and refusal to make corrections based on this certificate is unsustainable.

SIDDHARTH MRIDUL, J.

1. The writ present petition under Article 226 of the Constitution of India, essentially prays for a direction commanding Central Board of Secondary Education (for short ‘CBSE’), respondent No.1 herein, to issue a fresh mark-sheet and a fresh Class X Secondary School Examination Certificate to the petitioner, recording therein, his correct surname, date of birth, mother’s name and father’s name, in accord with the birth certificate issued to him by the Municipal Authorities.

2. A perusal of the birth certificate issued to the petitioner on 08.08.2003 by the Government of National Capital Territory of Delhi, clearly reflects his name as ‘Rohit Akka’ and that of his parents as ‘Bilcho Minj’ and ‘Jalyes Minj’. It further records his date of birth as 26.07.1999.

3. The parents of the petitioner are stated to belong to a remote and backward village, Tapka Pani situated in District Gumla, Jharkhand and belong to the Oran Community, which is a Scheduled tribe. The petitioner has been residing along with his mother in New Delhi and states that his father, who he has no recollection of, has since expired.

4. It is further pointed out that, the petitioner’s mother has been diagnosed with acute Paranoid Psychosis and has been undergoing treatment under the care of the Vidyasagar Institute for Mental Health Neuro and Allied Sciences, New Delhi.

5. It is stated on behalf of the petitioner that, he was admitted to Nagar Nigam Prathmik Vidyalaya, (MCD Model School), Defence Colony, New Delhi (hereinafter referred to as the ‘Prathmik Vidyalaya’), in the year 2004.

6. Immediately thereafter, in the year 2006, the health of the petitioner’s mother is stated to have deteriorated to such an extent that she had to be taken back to her native place.

7. Unable to receive the requisite care and attention in her native place and in view of her deteriorating mental health, she returned to Delhi and sought employment in a household.

8. In this backdrop, it was considered appropriate to admit the petitioner in a school, which had the facility of a hostel for boys to ensure the continuance of his education, without any impediment or distraction.

9. The petitioner was, therefore, admitted to the Stephen Thomas Home for Boys at Raj Niwas Marg, New Delhi, which is a hostel accommodation provided to young boys who are, inter alia, educated at United English Medium School, located at 17-A Raj Niwas Marg, Delhi.

10. In this behalf, it is pertinent to observe that, the transfer certificate issued to the petitioner by the Prathmik Vidyalaya clearly reflects the petitioner’s date of birth and his parent’s name, in consonance with the said date of birth certificate.

11. It transpires that, on account of his inability to cope with English as the medium of instruction at United English Medium School, he was required to be shifted to a Hindi medium school namely, Delhi United Christian Senior Secondary School, respondent No.2 herein, (hereinafter referred to as ‘respondent No.2’), operated within the same compound.

12. It is, at this point of time that, an affidavit was filed on behalf of the petitioner by his mother, which has become a millstone around his neck. A perusal of the said affidavit reflects the petitioner’s name as ‘Rohit Ekka’ and his date of birth as 25.12.2001, which is at variance with the details specified in the said date of birth certificate.

13. At this juncture, it would be relevant to observe that, it further records that the petitioner was studying in Class I at the respondent No.2 school and therefore was eligible to admission to Class II.

14. Asa consequence of the filing of the above said affidavit by the petitioner’s mother, the record of the respondent No.2 school reflected his name as afore stated at variance with the said date of birth certificate.

15. The petitioner successfully appeared for the Class X examinations conducted by the CBSE in February-March 2017 and was duly issued the Class X Secondary School Examination