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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Muralidhar Parida – Appellant
Versus
Board of Secondary Education, Odisha – Respondent
| Table of Content |
|---|
| 1. plaintiff's date of birth dispute (Para 1 , 2 , 3 , 4) |
| 2. defendant's arguments against the plaintiff (Para 5 , 6) |
| 3. court's analysis of evidence (Para 10 , 12 , 20) |
| 4. legal standards for date correction (Para 18 , 19 , 21) |
| 5. conclusion of the appeal (Para 24) |
JUDGMENT :
1. This 2nd appeal has been preferred against the reversing judgment.
2. The respondents were the defendants in T.S. No.96 of 1995 and Respondent Nos.2 to 4 in the 1st appeal vide T.A. No.53 of 1998.
4. As per the averments made in the plaint, he had born on 01.08.1955 in village Jamapara, which was previously in the undivided district of Cuttack, but at present, in the district of Kendrapara. The date of birth of the plaintiff at the beginning of his academic career was correctly entered as 01.08.1955 in his Primary School register at Jamapara Primary School. His horoscope was prepared a few days after his birth indicating his date of birth as 01.08.1955. He (plaintiff) was reading in Jamapara M.E. School after passing out from his Jamapara Upper Primary School since 1965 to 1967. In the school Admission Register of Jamapara M.E. School, his date of birth was also correctly recorded as 01.08.1955. He
A plaintiff's claim for correction of a birth date on a High School Certificate is unmaintainable without primary evidence and proof of clerical error, particularly when filed beyond the permitted ti....
Point of law: An authority vested with the jurisdiction to issue a certificate and to maintain record of it has inherent power to rectify the mistake, if any, that may occur in the certificate so iss....
The burden lies upon the plaintiff to explain the delay in approaching the court for seeking correction of a mistake, regardless of whether the mistake is on the part of the plaintiff or the defendan....
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.
The court affirmed that official records of date of birth take precedence over unverified claims, ensuring accuracy in academic testimonials.
The court established that the three-year limitation period for requesting corrections in certificates issued by the Board is mandatory and must be adhered to, regardless of the circumstances surroun....
Central laws regarding record corrections prevail over state regulations, permitting date of birth amendments in educational records.
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