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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI
Mahin Tickoo, S/o Sh. Rakesh Tickoo – Appellant
Versus
Union of India and others Through Ministry of Human Sources Development, Department of School Education – Respondent
JUDGMENT :
01. The petitioner came forward with the institution of present writ petition bearing a cause of action relatable to correction of entry of his date of birth in the school record but failing to earn a favorable response thus leading him to take recourse to invoke writ jurisdiction of this court under article 226 of the Constitution of India (COI). The institution of the writ petition came to take place on 20/05/2024.
02. The petitioner has mentioned his age in the writ petition to be of 20 years.
03. The petitioner is said to have done his schooling under the Central Board of Secondary Education (CBSE) system. The petitioner passed his secondary school (matriculation) examination in the year 2020 from the Delhi Public School (DPS) Maharaja Hari Singh Marg Jammu under roll number 13219622 for which the respondent No. 2- the Central Board of Secondary Education (CBSE) issued marks statement cum certificate, Secondary School Examination, 2020 in which the petitioner’s date of birth came to be mentioned as 28/11/2004
04. As against his said recorded date of birth of 28/11/2004 in the CBSE issued marks statement cum certificate, the petitioner came to cite birth certificate issue
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....
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.
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.
Change of date of birth in exam certificate to younger age via subsequent birth certificate impermissible if conflicting with school records and earlier certificate; only corrections to align with sc....
Administrative rules regarding correction timelines in education contexts may be set aside to achieve justice in cases of genuine errors.
Corrections to the date of birth must align with school records, as established by Examination Bye Laws, to ensure procedural integrity.
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