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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
B. Vishali - Appellant
Versus
The Chairman, The Central Board of Secondary Education (CBSE), New Delhi & Another - Respondent
W.P.No. 15353 of 2022
Decided On : 29-07-2022
Mandamus - Date of Birth Correction - The court directed the respondents to correct the petitioner's date of birth in the Grade Sheet cum Certificate of Performance based on the petitioner's proper public documents such as passport and birth certificate.
Fact of the Case:
The petitioner sought a mandamus to correct her date of birth in the Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education, as it was wrongly entered as 27.03.2000 instead of her correct date of birth, 02.06.2000.
Finding of the Court:
The court found that the petitioner's date of birth was incorrectly entered in the Grade Sheet cum Certificate of Performance and directed the respondents to make the correction based on the petitioner's proper public documents.
Issues: The issue was the correction of the petitioner's date of birth in the Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education.
Ratio Decidendi: The court relied on the decision of the Hon’ble Supreme Court in Civil Appeal No.3905 of 2011 in the case of Jigya Yadav (Minor) vs. Central Board of Secondary Education and others, which allowed the change of date in the mark sheet if the petitioner satisfies her correct date of birth through proper public documents.
Final Decision: The court directed the respondents to correct the petitioner's date of birth as 02.06.2000 in the Grade Sheet cum Certificate of Performance issued on 28.05.2015 within a period of six weeks from the date of receipt of a copy of the Order.
JUDGMENT
(Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the respondents the Central Board of Secondary Education (CBSE) to correct the respective petitioners- date of birth as 02.06.2000 in Grade Sheet cum Certificate of Performance vide Regn.No.M115/07044/0652, Roll No.4001344 and Sl.No.0220352 issued on 28.05.2015.)
This writ petition has been filed for a mandamus seeking for a direction to the respondents to correct the petitioner-s date of birth as 02.06.2000 in Grade Sheet cum Certificate of Performance bearing Regn.No.M115/07044/0652, Roll No.4001344 and Sl.No.0220352 issued on 28.05.2015.
2. According to the petitioner, she came to know that her date of birth has been wrongly entered in Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education as 27.03.2000, whereas her correct date of birth is 02.06.2000. The petitioner states that she was born on 02.06.2000 at Chennai and a birth certificate has also been issued by the Corporation of Chennai disclosing that her date of birth is 02.06.2000. In the petitioner-s passport also, her date of birth is correctly disclosed as 02.06.2000. Therefore, she seeks for correction of date of birth in the Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education. The petitioner has given a representation for the said purpose to the respondents. Since the representation has not been considered till date, she has filed this writ petition.
3. A counter affidavit has been filed by the respondents wherein they have fairly conceded that the change in the mark sheet should be made as per the decision of the Hon’ble Supreme Court in Civil Appeal No.3905 of 2011 in the case of Jigya Yadav (Minor) vs. Central Board of Secondary Education and others.
4. Heard Mr.V.R.Kamalanathan, learned counsel for the petitioner and Mr.G.Nagarajan, learned Standing Counsel appearing for the respondents.
5. As seen from the aforementioned decision, the change of date in the mark sheet is permissible provided the petitioner satisfies her correct date of birth through proper public documents. In the case on hand, the petitioner has produced the passport as well as her birth certificate to confirm that her date of birth is 02.06.2000 and not 27.03.2000 which is mentioned in the Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education.
6. As seen from the counter affidavit, the respondents have also not raised serious objection for the rectification to be made in the petitioner-s Grade Sheet cum Certificate of Performance with regard to her date of birth.
7. For the foregoing reasons, this Court directs the respondents to correct the petitioner-s date of birth as 02.06.2000 under Grade Sheet cum Certificate of Performance issued on 28.05.2015 within a period of six weeks from the date of receipt of a copy of this Order.
8. With the aforesaid direction, this writ petition is disposed of. No costs.
The main legal point established is that the correction of date of birth in official documents can be allowed based on proper public documents confirming the correct date of birth.
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.
Administrative rules regarding correction timelines in education contexts may be set aside to achieve justice in cases of genuine errors.
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