Advocates:
['VINAY JAIN', 'DARSHAN JAINDARSHAN JAIN RN CHOUDHARY', 'MADHU JAIN', 'DARSHAN JAIN', 'AK KHATRI HARISH PUROHIT']

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JODHPUR

S.B.CIVIL WRIT NO. 11369 / 2015

Satyanarayan Bansal s/o Ram Prasad Ji, age 54 years, r/o E-9,

Bapu Nagar, Senthi, Chittorgarh (Raj.).

----Petitioner

Versus

1. Union of India through the Secretary, Ministry & Human

Resource, Department, New Delhi.

2. Central Board of Secondary Education through Assistant

Secretary (M & M) Todarmal Marg, Ajmer.

3. Aditya Birla Public School through Principal, Adityapuram,

Chittorgarh .

----Respondents

__________________________________________

For Petitioners : Mr. Vinay Jain.

For Respondents : Mr.A.K.Khatri, Mr.Harish Purohit.

__________________________________________

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

19/12/2016

By way of this writ petition, the petitioner Satyanarayan

Bansal has approached this court craving a direction to the

respondent CBSE to make appropriate correction in the date of

birth of his minor daughter Ms.Gargi Bansal.

The petitioner claims that the correct date of birth of his

daugther Ms.Gargi who was at the relevant point of time,

studying in the Aditya Birla Public School, Adityapuram is

25.2.1998. However by inadvertence, her date of birth was

scribed as 25.2.1997 in her Secondary School Examination

form. The date of birth certificate issued to Ms.Gargi by the

Municipal Board, Chittorgarh on 22.9.2011 has been placed on

record of the writ petition, wherein her date of birth is recorded

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[CW-11369/2015]

as 25.2.1998 Owing to the inadvertent mistake in filling the

date of birth in the examination form, the respondent CBSE

issued marksheet to Ms.Gargi recording her date of birth as

25.2.1997. The examination was conducted in the year 2013.

Realising the apparent error, an application dated 23.7.2015

was submitted to the CBSE through the Principal, Aditya Birla

School for rectification in the date of birth of Ms.Gargi.

However, the respondent CBSE rejected the same by

communication (Annex.6) assigning a reason that by-laws of

the Board do not permit change in date of birth if the

rectification application is filed after one year from the date of

declaration of result. The application for correction in date of

birth in the case at hand was filed beyond one year and thus

was not considered fit to be accepted by the competent

authority and was rejected vide order (Annex.6) dated

3.8.2015. Being aggrieved of the above order, the petitioner

has approached this Court by way of the instant writ petition

seeking to challenge the action of the CBSE in not rectifying the

date of birth of his daughter in the secondary school marksheet

and

certificate.

Alongwith

the

writ

petition,

amendments/changes in the examination by-laws of the CBSE

dated 8.4.2011 have been annexed. In Clause 69.2(iv), the

following change was introduced by the CBSE in the year

2011:-

“(iv) The application for correction in date of birth

duly forwarded by the Head of school alongwith

documents mentioned in Byelaws 69.2(iii) shall be

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[CW-11369/2015]

entertained by the Board only within five years of the

date of declaration of result. No correction

whatsoever, shall be made on application submitted

after the said period of five years.”

Thus, the CBSE introduced the above amendment dated

8.4.2011 in the by-laws whereby any application for correction

in date of birth could be entertained for a period of five years

from the date of declaration of result. The respondent CBSE has

filed reply to the writ petition with the assertion that another

amendment was effected in the by-laws on 25.6.2015 whereby,

the limitation for entertaining an application for change in date

of birth has been curtailed to one year from the date of

declaration of result and since the application for rectification in

the case at hand was filed beyond the limitation of one year,

the same was rightly rejected in