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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Ankit Mor – Appellant
Versus
Central Board Of Secondary Education (Cbse) – Respondent
JUDGMENT :
Deepak Gupta, J.
1. Background: Plaintiff of the case has approached this Court against reversal, in as much as his suit for correction of date of birth was decreed by the trial Court on 02.04.2019, but the appeal filed by the Central Board of Secondary Education ['CBSE']-defendant No.2 (respondent No.l herein), was accepted by the First Appellate Court on 15.03.2021 and the suit was dismissed being barred by limitation.
2. In order to avoid confusion, the parties shall be referred as per their status before the trial Court.
3. Plaintiff's Case: According to Plaintiff, his actual date of birth is 11.12.1996 as recorded in his Birth Certificate. He passed 10th class from defendant No.l -Raunaq Public School, Ganaur (respondent No.2 herein) and came to know that his date of birth in the said 10th Class Certificate issued by defendant No.2, i.e. Central Board of Secondary Education (respondent No.l herein) is recorded as 11.12.1994 instead of 11.12.1996. He made several requests to the defendants to make the necessary correction regarding his date of birth in the 10th Class Certificate, but defendants did not pay any heed, compelling him to file the suit seeking necessary decla
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.
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....
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....
Central laws regarding record corrections prevail over state regulations, permitting date of birth amendments in educational records.
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....
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