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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Alok Mathur,J.
State Of U.P. Thru. The Prin. Secy. Secondary Education – Appellant
Versus
Dev Vrat Gautam – Respondent
JUDGMENT :
Alok Mathur, J.
C. M. Application No.1 of 2025- for condonation of delay .
1. Heard Sri Sanjay Sarin, learned Additional Chief Standing counsel for the review applicant.
2. The cause shown is sufficient. The application is allowed.
3. The delay in filing the review application is condoned.
Order on memo of the review application.
1. Heard Sri Sanjay Sarin, learned Additional Chief Standing counsel, who presses instant review application for review of the judgment and order of this Court dated 10.7.2024 passed in Writ C No.7137 of 2022 (Dev Vrat Gauam Vs. State of U.P. through Principal Secretary, Secondary Education and others).
2. It has been submitted that the review-petitioner had approached this Court seeking a direction to Madhyamic Shiksha Parishad, Uttar Pradesh for correcting the details of his mother, father and date of birth. The said application was moved beyond a period of three years and accordingly, the said writ petition was opposed by the State stating that as per the Regulations framed under U.P. Intermediate Education Act , a limitation of three years has been prescribed for making any such correction in the certificates issued by the Madhyamic Shiksha Parishad
The mandatory limitation period of three years for changing date of birth in educational certificates must be adhered to, while the right to change names is a fundamental right under Article 19(1)(a)....
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....
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 central legal point established in the judgment is the interpretation of Section 6 of the Limitation Act and the right of a minor to seek correction in the actual date of birth within three years....
Central laws regarding record corrections prevail over state regulations, permitting date of birth amendments in educational records.
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