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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Pavitra Padinjaroot – Appellant
Versus
Government of Delhi & Ors. – Respondents
W.P.(C) 16231 of 2022
Decided On : 16-05-2023
Change of Date of Birth - Writ Petition - The court directed the respondent school to process the application for changing the date of birth in the Class X certificate to reflect the correct date of birth of the petitioner as 30.10.1999, based on the original documents provided by the petitioner.
Fact of the Case:
The petitioner filed a writ petition seeking a change of date of birth in her Class X certificate issued by the CBSE, citing discrepancy due to frequent school transfers and providing original documents reflecting the correct date of birth.
Finding of the Court:
The court directed the respondent school and CBSE to process the application and carry out the requisite changes in the certificate to reflect the correct date of birth of the petitioner.
Issues: Change of date of birth in Class X certificate, discrepancy in date of birth due to school transfers, cooperation with the respondent school for providing further documents.
Ratio Decidendi: The court relied on the original documents provided by the petitioner, including Birth Certificate, Passport, Pan Card, and Date of Birth Certificate issued by the Government of Kerala, to establish the correct date of birth and directed the respondent school and CBSE to make the necessary changes.
Final Decision: The court disposed of the writ petition with directions to the respondent school and CBSE to process the application and carry out the requisite changes in the Class X certificate to reflect the correct date of birth of the petitioner as 30.10.1999.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. The present writ petition has been filed with prayer for change of date of birth of the petitioner in Class X certificate as issued by the Central Board of Secondary Education (CBSE). It is submitted that the date of birth of the petitioner has been shown incorrectly as 30.10.2000. It is submitted that the correct date of birth of the petitioner actually is 30.10.1999.
2. Ld. Counsel for the petitioner submits that the discrepancy in the date of birth of the petitioner occurred in view of the wrong date of birth as reflected in the Transfer Certificate (TC) as issued by the previous school attended by the petitioner. Ld. Counsel for the petitioner further submits that the father of the petitioner is serving in Air Force, due to which he is transferred all over India. Thus, in view of the frequent change of the school of the petitioner, discrepancy has occurred.
3. Ld. Counsel for the petitioner has filed copies of the Birth Certificate, Passport as well as Pan Card of the petitioner, which reflect the date of birth of the petitioner as 30.10.1999.
4. Ld. Counsel for the petitioner has also handed over the original of the Passport, Pan Card as well as original of the Date of Birth Certificate of the petitioner issued by the Government of Kerala.
5. This Court has perused the original Pan Card, Passport as well as Date of Birth Certificate of the petitioner. The original documents clearly reflect the date of birth of the petitioner as 30.10.1999.
6. In view of the aforesaid, directions are given to the respondent No.2 school to immediately process the application as submitted on behalf of the petitioner and forward the same to the CBSE for the purposes of carrying out requisite changes in the date of birth of the petitioner in the Class X CBSE Certificate in order to reflect the same as 30.10.1999.
7. Though it is submitted on behalf of the petitioner that the application with respect to the change in the date of birth of the petitioner has already been submitted with the school, however, it is directed that in case any further document is required by the school, the school is at liberty to requisition the same from the petitioner, who shall cooperate with the respondent school.
8. Upon forwarding of application by the school to the CBSE, the CBSE is directed to expeditiously carry out the requisite changes in the Class X Certificate of the petitioner showing her correct date of birth as 30.10.1999.
9. With the aforesaid directions, the present writ petition is disposed of.
The court's decision was influenced by the reliance on original documents to establish the correct date of birth and the directive to the respondent school and CBSE to make the necessary changes in t....
The court emphasized the need for pragmatic interpretation of bylaws regarding date of birth correction, acknowledging no mala fide intent in the petitioner's request.
The evidentiary value of the statutory Birth Certificate and the need for correction in vital documents to prevent further discrepancies.
The main legal point established is that the correction of date of birth in official documents can be allowed based on proper public documents confirming the correct date of birth.
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.
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