The evidentiary value of the statutory Birth Certificate and the need for correction in vital documents to prevent further discrepancies.

JUDGMENT :

1. Rule returnable forthwith. Mr.Dhruvik K Patel, learned advocate waives service of notice of Rule for respondent No.1. Mr.K.V. Shelat, learned advocate waives service of notice of Rule for respondent No.2.

2. The present writ petition is filed praying for the following reliefs:

“(A)Your Lordships may be pleased to admit and allow this petition;

(B) Your Lordships further be pleased to direct the respondent Nos.1 and 2 to mention the correct the date of birth of the petitioner as 14.08.1994 instead of 14.08.1995 in pursuance to the Birth Certificate, in above stated facts and circumstances of the case and in the interest of the principles of natural justice;

(C) Your Lordships may kindly be pleased to grant such other and further relief/s or order/s as deemed fit, just and proper, in above stated facts and circumstances of the case and in the interest of the principles of natural justice.

3. It is submitted by the learned counsel for the petitioner that the date of birth of the petitioner is 14.08.1994 as per the Birth Certificate which has also been correctly mentioned in the School Leaving Certificate issued by Sainik School, Radhanpur (Annexure-B of the petition). He further submits that while taking admission in the respondent No.1 - School, the said School Leaving Certificate was submitted to the respondent No.1-School. However, an error has crept in the 10th standard CBSE Marksheet as well as in the School Leaving Certificate issued by respondent No.1 and the date of birth of the petitioner has been shown as 14.08.1995 instead of 14.08.1994. He, therefore, submits that there is bona fide error on the part of the School and the same may be accordingly corrected.

4. Mr.Dhruvik Patel, learned advocate for respondent No.1 states on the instructions and on the basis of school record that the name of the petitioner was entered in the School Register on 30th June, 2008, when he had taken admission after leaving the school at Radhanpur. He further submits that the petitioner had produced the relevant School Leaving Certificate, on the basis of which, the School in its Admission Register has recorded the date of birth of the petitioner as 14.08.1994. It is further submitted that, however, the error has crept in with respect to Class 10 Marksheet and in the School Leaving Certificate, therefore, the mistake, if any, on the part of the respondent No.1 is bona fide.

5. Mr.K.V. Shelat, learned advocate for respondent No.2 submits that By-Laws No.69.2 of the CBSE Examination By-Laws stipulates that the application for correction of the date birth should be duly forwarded by the Head of the School along with documents mentioned in By-Laws 69.2(iii) and the said procedure is mandatory for correction in the Records of respondent No.2-CBSE.

6. Heard the learned counsel for the parties and perused the documents on record.

7. The date of birth of candidate is a vital information in the School Leaving Certificate and the 10th Class Marksheet. It is not disputed that the Birth Certificate issued by the State Government records the date of birth of the petitioner as 14.08.1994 which is duly registered on 17.08.1994.

8. Further, based on the said birth certificate, he has taken admission at Sainik School, Radhanpur wherein also the date of birth was recorded as 14.08.1994. While shifting studies from Radhanpur to Vadodara, the petitioner was issued a School Leaving Certificate by the Sainik School which also recorded the date of birth of the petitioner as 14.08.1994.

9. Thereafter the petitioner had taken admission in respondent No.1-School on 30th June, 2008. On admission, in the School Admission Register the date of birth of the petitioner is duly recorded as 14.08.1994. However, as submitted, due to a bona fide mistake on the part of the school, the date of birth of the petitioner came to be recorded in the SSC Certificate as 14.08.1995. Thereafter, when the petitioner has passed out from the school, the School Leaving Certificate also show