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2012 Supreme(Online)(KER) 44628
HIGH COURT OF KERALA
S. SIRI JAGAN, J
RAHUL R – Appellant
Versus
CENTRAL BOARD OF SECONDARY EDUCATION – Respondent
WRIT PETITION (CIVIL) 2267/2012
Individuals have the right to seek corrections in official records based on valid documentation and established legal precedents.
Headnote:
Correction - Date of Birth - Writ Jurisdiction - Court established the right to correct date of birth records, mandating authorities to consider requests fairly based on documented evidence.
Fact of the Case:
The petitioner sought correction of date of birth from 2.5.1989 to 7.1.1989 in school records and certificates, having faced prior refusals from the concerned authorities.
Finding of the Court:
The court found that there was precedent for such corrections and determined that the petitioner's request should be evaluated on its merits considering the provided documentation, ultimately quashing the previous order.
Issues: Whether the petitioner is entitled to have the date of birth corrected in their school records and certifications.
Ratio Decidendi: The court ruled that the right to correct date of birth in official documents is acknowledged by precedent and must be evaluated by relevant authorities in a fair manner.
Final Decision: The writ petition was disposed of with directions to reconsider the petitioner's request for date of birth correction.
J U D G M E N T
In the mark list and certificates issued by the
1st respondent for the examinations written by the petitioner through the 3rd respondent's school affiliated to the Central Board of Secondary Education, the petitioner's date of birth is shown as 2.5.1989, whereas as per Ext.P2 birth certificate, the petitioner's date of birth is 7.1.1989. The petitioner seeks correction of the petitioner's date of birth. The petitioner's request for the same before the 2nd respondent did not meet with favourable response. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:
“(i) issue a writ of mandamus or any other appropriate order or direction, directing the respondents 1 to 3 to correct the date of the petitioner in his school records as
7.1.1989 in the place of 2.5.1989.”
The right of persons like the petitioner for getting correction of date of birth has been declared by this Court in several judgments. As such, the petitioner is entitled to have his application for correction of date of birth in the certificate as well as the school records considered in W.P.(C)No. 2267 of 2012 accordance with those judgments. In the above circumstances, Ext.P4 order is quashed. The 2nd respondent is directed to consider the claim of the petitioner for correction of date of birth on merits on the basis of the documents produced by the petitioner, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. It would be open to the 2nd respondent to enquire about the genuineness of the documents produced by the petitioner. If the 2nd respondent decides to allow the claim of the petitioner, he shall direct the 3rd respondent to make appropriate correction in the school records also which the
3rd respondent shall promptly comply with.
The writ petition is disposed of as above.
