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2016 Supreme(Raj) 1871

M.N.BHANDARI
Mehul Bhargva S/o Sandeep Bhargva – Appellant
Versus
Chairman, Central Board of Secondary Education – Respondent


Advocates Appeared:
For the Petitioner: Mr. Raghunandan Sharma
For the Respondents: Mr. M.S. Raghav, Mr. Vinod Singhal, Mrs. Naina

JUDGMENT :

M.N. Bhandari, J.

With consent of the parties, writ petition is heard finally.

2. By this writ petition, a challenge is made to the order dated 17.11.2016, whereby, application filed by the petitioner for correction in the date of birth has been rejected.

3. Learned counsel submits that petitioner's date of birth is 22.3.1999. It has been recorded in Aadhar Card, Birth Certificate issued by the Municipal Corporation and the passport so as in the school record uptil Class IX. It was unfortunate that the petitioner's mother filled the date of birth of the petitioner as 22.3.2000 in Class X examination, which has now been recorded. The mistake was realised immediately on receipt of the certificate of Class X. The petitioner thus made an application to correct the date of birth so that it may match with Aadhar Card, passport etc. The application aforesaid has been rejected by the respondents on the ground that such an application can be considered only within a period of one year.

4. Learned counsel submits that the application has been rejected mainly on the ground of delay of one year ignoring that prior to the amendment in the rule 69.1(ii) and 69.2(iv) the period was of five








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