The three-year limitation period under G.O.Ms.No.430 for correcting date of birth in SSC certificates cannot be rigidly applied to deny correction when supported by public documents like a Birth Certificate, which carry a legal presumption of correctness.

Headnote:(A) Constitution of India - Articles 14, 19, 21, 300A - Articles 226 - Writ of Mandamus - G.O.Ms.No.430, Education (E.E.I) Department, dated 31.12.1992 - Correction of Date of Birth in Secondary School Certificate - Time limit of three years for entertaining applications for correction of date of birth - Validity of G.O.Ms.No.430 imposing arbitrary time limits - G.O.Ms.No.430, dated 31.12.1992 imposes a period of limitation for applications for correction of date of birth in completed SSC Certificates. - The Court held that the bar of limitation under G.O.Ms.No.430 cannot be applied in a mechanical manner, especially where there is a genuine error and the authenticity of a public document (Birth Certificate) is not disputed. - The Court relied on the principle that public documents, like a Birth Certificate, carry a legal presumption of correctness and cannot be ignored by educational authorities. - (Paras 7, 10, 12, 13)

(B) Evidence Act, 1872 - Chapter V - Sections 76, 79, 80, 81 - Public documents - Legal presumption of correctness - Birth Certificate, Aadhar Card, PAN Card - The Court held that public documents like Birth Certificate, Aadhar Card, and PAN Card, which carry a statutory presumption of correctness, must be given due weight by the Board of Secondary Education while considering requests for correction of date of birth. - (Paras 7, 8, 12, 13)

Facts of the case:
The petitioner, a job seeker, approached the High Court seeking a writ of mandamus to correct his date of birth in his SSC Certificate from 05.08.2003 to 23.09.2003. The petitioner claimed he was born on 23.09.2003, as per his Birth Certificate issued by the Gram Panchayat, and this date was also reflected in his Aadhar Card and PAN Card. However, due to an alleged clerical error at the time of his initial school admission, his date of birth was recorded as 05.08.2003 in the school records and carried forward to his SSC Certificate. The petitioner's father had passed away when he was young, and his mother was illiterate. The petitioner discovered the discrepancy after completing his SSC in March 2018. He applied for correction in July 2025, which was rejected by the educational authorities citing the three-year limitation period under G.O.Ms.No.430.

Findings of Court:
The Court allowed the writ petition, directing the Board of Secondary Education to correct the date of birth in the SSC Certificate based on the public documents. The Court held that the three-year limitation period under G.O.Ms.No.430 should not be a bar to correcting a genuine error, especially when the error was a minor discrepancy of 49 days. The Court directed that the correction should be made by retaining the original entry with an annotation/ caption in the fresh certificate, and by requiring the petitioner to surrender the original certificate, furnish a sworn affidavit, and publish a public notice.

Issues: The main issue was whether the High Court can direct the Board of Secondary Education to correct the date of birth in an SSC Certificate based on public documents (Birth Certificate, Aadhar Card, PAN Card) after the lapse of the three-year limitation period prescribed under G.O.Ms.No.430. A subsidiary issue was the evidentiary value of public documents versus school records in correcting date of birth.

Ratio Decidendi: The Court ruled that the limitation period under G.O.Ms.No.430 cannot be a rigid bar to a correction where a genuine mistake is made at the time of school admission, and the correction is supported by public documents which carry a statutory presumption of correctness. The Court, following the principles in Jigya Yadav vs. CBSE, held that educational authorities must harmonize their procedures with the right of students to have accurate records, especially where the error is not attributable to the student or his parents. Result : Writ Petition allowed with directions.

ORDER

This Writ Petition is filed, seeking the following reliefs:

“(a) …to issue a Writ, more particularly one in the nature of Writ of Mandamus or any other appropriate order, orders, or directing the respondents, particularly Respondent No.2 to forthwith correct the Date of Birth of the petitioner in his Secondary School Certificate (SSC) bearing Roll No.1815116744 from 05.08.2003 to 23.09.2003 and to issue a corrected SSC Certificate reflecting his actual Date of Birth as 23.09.2003;

(b) declare that the application of G.O.Ms.No.430, dated 31.12.1992 and any other similar rules or circulars imposing arbitrary time limits or conditions for correction of Date of Birth in Educational Certificates, as illegal, arbitrary and violative of Articles 14, 19, 21 and 300A of the Constitution of India, particularly in the light of Judgments in Jigya Yadav v. CBSE and Kundeti Venkata Narasaiah v. The State of Andhra Pradesh (W.P.No.13940 of 2022, dated 16.04.2024) and pass such other order or orders…”

2. Contents of the affidavit, filed by the Writ Petitioner, in support of the Writ Petition, in brief, are that, the petitioner was born on 23.09.2003 in Primary Health Center, Thulluru, Guntur District and it was registered on 24.09.2003 under the provisions of the Births and Deaths Act, 1969 with registration No.207/2003; that the petitioner appeared SSC examination in the month of March, 2018 vide Roll No.1815116744 through SKDZP High School, Rayapudi, Guntur District and succeeded in the said examination and accordingly, he was issued SSC Certificate, dated 29.04.2018; that in the said SSC Certificate, the date of birth of petitioner was mentioned as 05.08.2003 instead of 23.09.2003; that the correct date of birth was clearly reflected in the Date of Birth Certificate issued by the Gram Panchayat, Thulluru of Guntur District.

(b) The error might have occurred during the petitioner’s initial admission in Urdu School, Rayapudi, where he studied from I class to V class or when his records were transferred to SKDZP High School, Rayapudi, where he studied from VI class to X class; that the incorrect entry of petitioner’s date of birth was carried forward into the records of SKDZP High School, Rayapudi and not rectified during SSC registration process; that the said error can only be ascertained by examining the original admission and other relevant records from the Urdu School, SKDZP High School and the Board of Secondary Education, Andhra Pradesh. The father of petitioner passed away when the petitioner was aged 7 years and his mother is an illiterate and due to these circumstances, the error could not be identified and corrected at that stage.

(c) On noticing the discrepancy, the petitioner approached the School and the Board of Secondary Education, and explained his grievance, but the authorities stated that the correction of date of birth is not permissible, as more than three years had elapsed; that the petitioner submitted Representation to respondent Nos.1 to 4 on 22.07.2025 seeking correction of his date of birth, but due to the aforesaid reason, his representation was not considered; that in the Date of Birth Certificate issued under the Births and Deaths Act, 1969, in the PAN Card issued by the Income Tax Department and in the Aadhar Card issued by the Government, correct date of birth of the petitioner was mentioned; that due to the above discrepancy in the SSC Certificate, prejudice was caused to the petitioner, who pursued Bachelor of Science from the Acharya Nagarjuna University, in seeking employment either in India or in abroad or to pursue higher studies in overseas. Hence, the Writ Petition.

3. Respondent No.3 filed counter-affidavit on its behalf and also on behalf of respondent Nos.1 and 2, contending that the petitioner submitted certain proposals along with relevant documents, to the Secretary, Board of Secondary Education, Andhra Pradesh (BSEAP), Directorate of Government Examinations, Vijayawada, with a request to change hi

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2025 Supreme(Online)(AP) 19526

HIGH COURT OF ANDHRA PRADESHK SREENIVASA REDDYShaik Allah Bhakshu – AppellantVersusThe State of Andhra Pradesh – RespondentWP 21560/2025

The three-year limitation period under G.O.Ms.No.430 for correcting date of birth in SSC certificates cannot be rigidly applied to deny correction when supported by public documents like a Birth Certificate, which carry a legal presumption of correctness.

HIGH COURT OF ANDHRA PRADESH
K SREENIVASA REDDY
Shaik Allah Bhakshu – Appellant
Versus
The State of Andhra Pradesh – Respondent
WP 21560/2025