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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRA DHARI SINGH, J.
PREMA EVELYN DCRUZ – Petitioner
Versus
UNION OF INDIA – Respondent
W.P. (C) No. 2663 of 2022
Decided On : 25-11-2022
Constitution of India, 1950 - Article 226 - Registration of Birth and Deaths Act, 1969 - Indian Evidence Act, 1872 - Section 74 - Weeding Out Rules, 1998 - Cancellation of Lease - Aforesaid extract is taken from biographical drama, which depicts pangs and plight of people for papers at pedestals of bureaucracy - Treatment that is meted out to poor people and how those without power and influence are made running from pillar to post, relegated to a life of humiliation in quest of official documents.
Findings of the Court:
Court of the view that, failure to exercise jurisdiction may put petitioner to serious hardship - Render justice, it is always open for Court to pass appropriate orders, taking into account facts and circumstances of each case - However, if disputed questions of fact arise, it will not be appropriate for Court to entertain matter - In present case, there is delay on part of petitioner in approaching CBSE, which has been properly explained - It is also noted that other authorities have already updated date of birth in their documents relying upon birth certificate issued by Greater Chennai Corporation, failure to exercise jurisdiction will result in injustice to petitioner.
Results: Petition allowed.
JUDGMENT :
CHANDRA DHARI SINGH, J.
1. The aforesaid extract is taken from the biographical drama - Kaagaz (2021), which depicts the pangs and plight of people for papers at the pedestals of bureaucracy - the treatment that is meted out to poor people and how those without power and influence are made running from pillar to post, relegated to a life of humiliation in the quest of official documents. It is the story of a piece of paper that holds more value and credence in today’s world than a person in flesh and blood testifying his existence, and him being declared dead due to lack of valid documents. Though the movie was placed in the decades of 1970, how much the situation has improved 50 years hence, remains to be introspected.
2. The instant petition revolves around the birth certificate of a woman who by the stroke of a pen got her birth year wrongly recorded as 1983 instead of 1981. In 2019, upon digitization and publication of birth records, she gained access to her birth certificate and thus began her saga of getting her year of birth corrected in all the official documents - from Aadhaar, Voter ID, PAN and passport - in which she succeeded. However, her quest hit a roadblock with CBSE in the way, which declined to modify the same - and hence, the instant petition reached this Court.
3. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:
(B) In the alternative and without prejudice to the above, issue a Writ of Mandamus or any other Writ, Order or Direction directing Respondent No. 2 to decide the Petitioner’s application dated 17.11.2021, for change in date of birth in passing certificate of the All India Secondary School Examination number 00289915, after recording her correct date of birth i.e. 27.02.1981, in accordance with the law laid down by this Hon’ble Court and the Hon’ble Supreme Court.
(C) Issue an appropriate Writ, Order or Direction declaring that the Petitioner’s Birth Certificate, issued by Greater Chennai Corporation (under the Registration of Births and Deaths Act, 1969) records her correct date of birth, i.e. 27.02.1981.
(D) Grant such further and other reliefs as this Hon’ble Court may deem fit and proper in the nature and circumstances of the case.”
FACTUAL MATRIX
4. The Petitioner is a citizen of India born in Chennai who was home-schooled and did not formally enroll in any educational institution during the period 1993 to 1999. Thereafter, the petitioner applied for appearing in the Secondary School Examination of the CBSE under the “Private Candidates” category, availing the services of an external agent. The said agent, while submitting relevant documents, indicated the Petitioner's date of birth as 27th February, 1983 which also came to be reflected in her admit card for the Secondary School Examination.
5. In July 2019, the petitioner learnt that the Greater Chennai Corporation which is the prescribed authority under the Registration of Birth and Deaths Act, 1969 for issuing birth certificates had digitised and published all birth certificates in the public domain. Thereafter, the petitioner was able to access her birth certificate on 23rd July, 2019.
6. Relying upon her birth certificate, the petitioner successfully updated her Aadhaar Card, Voter ID Card and her PAN Card to reflect her corre
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 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....
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