2016 Supreme(Mad) 228
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBBIAH, J.
Randhir Singh – Petitioner
Vs.
The Regional Officer, Central Board of Secondary Eduction & Anr. - Respondents
W.P.No.25021 of 2015 & M.P.No.1 of 2015
Decided On : 10-02-2016
Advocate Appeared:
For the Petitioner: Mr.P.N.Vignesh
For the Respondents: Mr.G.Nagarajan for R-1 Mr.M.Vaidyanathan for R-2
The court considered the timing of the petitioner's request for correction in relation to the amendment of the CBSE Examination Bye-law 69.2 and directed the first respondent to consider the request for correction.
Headnote:
Date of Birth Correction - Writ Petition - CBSE Examination Bye-law 69.2 - [69.2] - The court directed the respondent to consider the request for changing the date of birth of the petitioner's son in their records and issue a fresh certificate reflecting the correction, based on the petitioner's submission predating the amendment of the Bye-law.
Fact of the Case:
The petitioner, an Air Warrior in the Indian Air Force, sought to correct his son's date of birth in school records and certificates due to an error. The first respondent rejected the request citing CBSE Examination Bye-law 69.2.
Finding of the Court:
The court directed the first respondent to consider the request for changing the date of birth of the petitioner's son in their records and issue a fresh certificate reflecting the correction.
Issues: Correction of date of birth, application of CBSE Examination Bye-law 69.2, rejection of request by first respondent.
Ratio Decidendi: The court considered the petitioner's submission predating the amendment of CBSE Examination Bye-law 69.2 and directed the first respondent to consider the request for correction.
Final Decision: The Writ Petition is disposed of accordingly. No costs. The Miscellaneous Petition is closed.
The prayer in the Writ Petition is for issuance of a Writ of Certiorarified Mandamus to call for the records and to quash the first respondent's letter dated 09.05.2014 and 26.03.2015, vide letter Ref.No.RO(M)/Corrn/Rejection/DOB/2014/5796 and further direct the first respondent to change the date of birth of the petitioner's son Prateek Singh (Roll No.4127247/2009) in their records and issue a fresh certificate reflecting the same.
2. It is the case of the petitioner that he served as an Air Warrior in Indian Air Force in various regions and while he was serving in Guwahati region, he got the admission for his son Prateek Singh, who was born on 22.11.1993, in Kendriya Vidyalaya, Awantipur. During the petitioner's tenure in various places, his son studied in Kendriya Vidyalaya/Air Force schools of such places and his son is pursuing higher education. It is the further case of the petitioner that in the Air Force records, the details of the petitioner's son's date of birth was wrongly mentioned as 22.01.1994 instead of 22.11.1993 and the same was also mentioned in his school records. Later, the petitioner realised that if the error continues, it would affect his son's career and job opportunities. Hence, the petitioner approached the respondents, who directed the petitioner to approach the school authorities and hence, he approached the school authorities for rectification of the date of birth of his son. On 25.07.2014, the school authority forwarded to the petitioner the communication received from the first respondent, vide letter dated 09.05.2014, in which, it is stated that the request to correct the date of birth of the petitioner's son in the school records, was not considered and directed the petitioner to send a filled proforma enclosed therein. Thereafter, the petitioner filled the proforma and sent it to the first respondent, and the said request for correct of date of birth was rejected, vide letter dated 26.03.2015. In the meanwhile, the petitioner approached the Air Force authorities and corrected the date of birth of his son. It is the grievance of the petitioner that the letters dated 09.05.2014 and 26.03.2015 of the first respondent, were lost in transit and hence, necessary correction of date of birth of his son has not been carried out in the school records. Therefore, the petitioner has filed this Writ Petition for the above relief.
3. The first respondent has filed counter affidavit and relied on CBSE Examination Bye-law 69.2, and in the counter affidavit, the same was extracted, which reads as follows:
"69.2 Change/correction in date of birth:
(i) No change in the date of birth once recorded in the Board's records shall be made. However, corrections to correct typographical and other errors to make the certificate consistent with the school records can be made provided that corrections in the school records should not have been made after the submission of application form for admission to Examination to the Board.
(ii) Such correction in date of birth of a candidate in case of genuine clerical errors will be made under orders of the Chairman where it is established to the satisfaction of the Chairman that the wrong entry was made erroneously in the list of candidates/application form of the candidate for the examination.
(iii) Request for correction in date of birth shall be forwarded
(a) Application for admission of the candidate to the school;
(b) portion of the page of admission and withdrawal register where entry in date of birth has been made along with attested copy of the Certificate issued by the Municipal Authority, if available, as proof of date of birth submitted at the time of seeking admission; and
(c) the School Leaving Certificate of the previous school admitted at the time of admission.
(iv) the application for correction in date of birth duly forwarded by the Head of School along with documents mentioned in Bye-law 69.2 (iii) shall be entertained by the Board only within one year of t