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2015 Supreme(P&H) 320

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Hemant Gupta
The Hon’ble Mrs. Justice Lisa Gill
LPA No. 1613 of 2014 (O&M)
Ambika Kaul
v.
Central Board of Secondary Education & Ors.
{Decided on 21/05/2015}

For the Appellant:Mr. R.K. Saini and Mr. U.K. Agnihotri, Advocates.
For the Respondent Nos.1 & 2:Mr. Nitin K. Setia, Advt., for Mr. S.K. Galhotra, Advocates.

Headnote:Date of Birth--Change of date of birth--On basis of birth certificate--Which is in variance with matriculation certificate--Not permissible.

       Date of Birth--All schools directed that they shall not grant admission to the child unless he produces his birth certificate from the Registrar, Births and Deaths.

       (A) Evidence Act, 1872, S.115--Estoppel--Date of Birth--Change of date of birth--On basis of birth certificate--Which is in variance with matriculation certificate--Not permissible--No premium can be given to a candidate having qualified matriculation examination with a particular date of birth on the ground that he came to know about his correct date of birth later--It is giving a premium to one for one’s own conscious action.

       No person will be entitled to dispute the same under the guise to correct the mistake in the entry of the date of birth in the matriculation certificate--He has taken admission in the school on the basis of a given date of birth and qualified the same--It will be unreasonable to infer that the candidate or his parents, who admitted the child to the school, were not aware of the correct date of birth--The rule of estoppel debars the candidate or a person to dispute the date of birth given in the matriculation certificate if it is not in sync with the certificate issued by the Registrar of Births and Deaths. (Paras 24 & 34)

       (B) Registration of Births and Deaths Act, 1969--Date of Birth--All schools directed that they shall not grant admission to the child unless he produces his birth certificate from the Registrar, Births and Deaths--Thus, the date of birth in the school record leading the matriculation certificate would be in sync which the date of birth from the records of the Registrar of Births and Deaths. (Para 46)

       © Registration of Births and Deaths Act, 1969--Date of Birth--Change of date of birth--On basis of birth certificate which is in variance with matriculation certificate--Limitation for seeking remedy is 3 years from date of attaining majority--Thereafter, no person can rely upon birth certificate and he is bound by date give in matriculation certificate. (Para 45)

       

JUDGMENT

Mr. Hemant Gupta, J.:- This order shall dispose of the above mentioned two Letters Patent Appeals preferred under Clause X of the Letters Patent against the order dated 22.12.2014 in CWP No. 25561 of 2014, which is subject matter of Letters Patent Appeal No. 373 of 2015 and the order dated 4.8.2014 passed by the learned Single Bench of this Court in CWP No. 15315 of 2014, which is subject matter of LPA No. 1613 of 2014.

2. Since the issue raised is purely legal, the facts of each case shall be dealt with later at the appropriate stage. However, the claim of the writ petitioners is for correction of date of birth on the basis of the entry in the Register maintained by the Registrar of Births and Deaths, though in the certificate issued by the Central Board of Secondary Education, the date of birth mentioned is at variance with the date of birth available in the records of the Registrar of Births and Deaths. The requests of the petitioners for correction of date of birth remained unsuccessful before the learned Single Bench holding that there is no scope of changing date of birth once it is recorded in the school records. The learned Single Bench did not agree with the view expressed by another Single Bench in Parveen Malik v. Central Board of Secondary Education and others, CWP No. 4767 of 2012 decided on 5.2.2013, but followed his own judgment in Ambika Kaul v. CBSE and others, (CWP No. 15315 of 2014) subject matter of LPA No. 1613 of 2014. Since the issue is important and arising quite frequently before this Court, we have examined the issue in detail with the assistance of the learned counsel for the parties.

3. In the pre-independent India, the Births, Deaths and Marriages Registration Act, 1886, was in force, but such Statute had a restrictive applicability i.e. in terms of Section 11 of the said Act, such Act was applicable to the members of every race, sect or tribe to which the Indian Succession Act, 1865 (10 of 1865) applies and in respect of which an order under Section 332 of that Act is not for the time being in force and all persons professing the Christian religion. Thus, the applicability of the Act was limited and not to all citizens of this country. Decided On :-hors the said statute, certain Municipalities and the Panchayats within the jurisdiction of this Court were keeping records of births and deaths as well.

4. The Registration of Births and Deaths Act, 1969 (for short “the Act”) was enacted in the year 1969 with an object to have adequate and accurate country wide data for registration of births and deaths in the country for the purposes of national planning, organizing public health and medical activities and developing family planning programmes. Section 8 of the Act mandates to give information regarding births and deaths in all conceivable situations including hospitals, health centers, maternity or nursing homes or other like institutions, jails, hostels, dharmasalas, boarding houses, lodging houses or place of public resort or even in respect of any new born baby or dead body found deserted in a public place. Such information is required to be entered into the register. Under the Act, there is a duty upon the authority concerned, to notify the births and deaths and to certify the cause of death. The registers of births and deaths so maintained are open to public inspection. Section 23 of the Act, provides for penalties in case any person who fails without reasonable cause to give any information which it is his duty to give under any of the provisions of Sections 8 and 9 or gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered or refuses to write his name, description and place of abode or to put his thumb mark in the register as required by Section 11 of the Act. The failure to give any information regarding births and dea























































































































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