Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Atharv Agarwal – Appellant
Versus
Central Board of Secondary Education – Respondent
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Petitioner applied for change of date of birth as recorded in the Secondary School Examination, 2022 certificate. His request was rejected by the Central Board of Secondary Education on the ground that the change, if permitted, will reduce his age as 12 years as on 31.3.2022, which is less than the age required for appearing in 10th Standard Examination. Thus feeling aggrieved by the order dated 24.6.2022, passed by the Regional Office, Central Board of Secondary Education, petitioner has approached this Court seeking the following reliefs:
“i) Issue a writ of certiorari quashin the order dated 24.6.2022 issued by respondent no. 3 (Annexure No. 11 to the writ petition).
ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 1 and 3 to amend and enter the correct date of birth of the petitioner as 8.10.2009 in place of 8.10.2006 in the board
2. Perusal of the record reveals that petitioner took admission in Aryman Vikram Birla Institute of Learning, Raja Rani Vihar, Haldwani in 3rd Standard during academic session 2014-15 and his date of birth was recorded as 8.10.2006 in the school records. The same
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.
Central laws regarding record corrections prevail over state regulations, permitting date of birth amendments in educational records.
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....
Administrative rules regarding correction timelines in education contexts may be set aside to achieve justice in cases of genuine errors.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
