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.

JUDGMENT

Prateek Jalan, J. (Oral)

The proceedings in the matter have been conducted through video conferencing.

1. The petitioner has filed this writ petition for a direction upon the respondent No.1-Central Board of Secondary Education ["CBSE"] to correct her date of birth in her Class X and Class XII certificates.

2. The petitioner states that her date of birth was wrongly stated at the time of her admission into school as 01.04.1998, rather than her correct date of birth, which is 10.04.1998. The aforesaid error continued to be reflected in her school records and was also incorporated in her Class X and Class XII certificates issued by the CBSE in 2013 and 2015 respectively.

3. The petitioner has since graduated with a B.A. (Hons) in History degree from Lady Shri Ram College for Women, University of Delhi, and has completed her Master of Arts in Social Work (Dalit and Tribal Studies and Action) from Tata Institute of Social Science, Mumbai. She has now received a conditional offer of admission for an M.Phil. degree in Modern South Asian Studies from the University of Cambridge, United Kingdom, and has been selected for a Commonwealth Scholarship.

4. The difficulty which has occasioned the present petition is that the discrepancy between the date of birth in her school and CBSE records, as compared to the date of birth in her passport and other public documents, is coming in the way of her pursuing further studies overseas.

5. The petitioner avers in the writ petition that this discrepancy of approximately ten days has arisen at the time of her admission in school and continued due to the bona fide mistake of her parents, who did not realise the ramifications that it may later acquire.

6. In support of her contention regarding her correct date of birth, the petitioner has produced a copy of her passport and her PAN card which reflect her date of birth as 10.04.1998. The petitioner has also produced a computerised birth certificate issued by the South Delhi Municipal Corporation ["SDMC"], which indicates her date of birth as 10.04.1998 and that it was registered under Registration No. 395 on 17.04.1998.

7. The genesis of the confusion in the petitioner's date of birth apparently lies in a handwritten birth certificate that was earlier issued by the Government of National Capital Territory of Delhi ["GNCTD"]. A copy of the handwritten certificate has also been annexed to the writ petition. While it records the Registration No. as 395, and the date of registration as 17.04.1998, the date of birth mentioned in this certificate is 01.04.1998. In fact, even the name of the child is left blank in this handwritten certificate.

8. In view of this discrepancy, while issuing notice in the writ petition on 13.07.2021, this Court also directed that a copy of this petition be served upon Mr. Sanjeev Sabharwal, learned Standing Counsel for the SDMC, who was requested to ascertain the factual position. With the consent of the parties, SDMC is impleaded as respondent No. 3 to the writ petition. Mr. Sabharwal, learned Standing Counsel, accepts notice on its behalf. Amended memo of parties be filed by tomorrow.

9. Mr. Sabharwal has forwarded to the Court Master, a copy of the original communication received from the Sub Registrar (B&D), South Zone, SDMC and a copy of the original register. The documents are taken on record.

10. The communication dated 26.07.2021 is reproduced below:

"It's submitted that on examination of old birth record of PRANJALI KUREEL D/O SUNITA W/O ASHOK. As per record child D.O.B is 10/04/1998 and date of registration is 395 dated 17