A request for correction of date of birth filed within the prescribed limitation period cannot be rejected due to the authority's own delay in processing the application.

Order

1. Petitioner made a prayer before the Board of Secondary Education, Ajmer, Rajasthan, vide application dated 06.09.2021, that Date of Birth in his mark sheet/ certificate of Class-X of year 2020 be corrected from 13.09.2002 to 13.09.2004.

2. This application dated 06.09.2021 was forwarded by petitioner through his School Springdales Sr. Secondary School, Sagwara and letter by School was issued based on the Date of Birth of petitioner as mentioned in the S.R. register in the office of District Education Officer, Dungarpur. This letter dated 06.09.2021 has been decided by the Board of Secondary Education and vide communication dated 28.11.2025 (Annx.P/1), correction in the Date of Birth of petitioner has been declined merely on the ground that the limitation of five years has elapsed. In addition, it has also been observed in the communication dated 28.11.2025 that the revised fee of Rs.700/- was not paid by petitioner, hence, petitioner has filed the instant writ petition, challenging the communication/ letter of the Board of Secondary Education, Rajasthan, Ajmer, dated 28.11.2025 and for seeking direction to the Board, to correct the date of birth in his mark sheet/ certificate of Class X.

3. On behalf of the respondents–Board of Secondary Education, a reply to the writ petition has been filed, pointing out that as per Rules and regulations of the Board, the matter of correction in the date of birth should be applied within a period of five years from the date of declaration of the relevant result. Hence, it has been submitted by the counsel appearing for Board that the correction in the date of birth of marksheet/ certificate of petitioner after expiry of period of five years may not be directed.

4. Heard. Considered.

5. It is apparent on the record that the petitioner passed standard X from the Board of Secondary Education in the year 2020 and his mark-sheet/ certificate was issued in the year 2020. Petitioner applied for correction in his date of birth through letter of his School dated 06.09.2021 (Ann.P/1) which is well within limitation of five years. Unfortunately, Board took a long period to consider the grievance of petitioner and vide communication dated 28.11.2025, the correction in date of birth has been declined taking pretext by limitation of five years. Thus, prima facie, the period of five years with effect from the declaration of result of petitioner of Class X in the year 2020 has not passed on account of petitioner but indeed petitioner applied for seeking correction in his date of birth through his School wayback vide application dated 06.09.2021 itself. For delay on the part of Board, petitioner may not to make sufferer.

6. As far as non-payment of deficit/ revised fee of Rs.700/- is concerned, counsel for petitioner states that same was never demanded, however, he submits that petitioner is ready to submit afresh online/ offline application for correction in the date of birth and to pay the prescribed fee.

7. In the opinion of this Court, the issue of correction in the marksheet/ certificate is covered by the judgment of Hon'ble Supreme Court in case of Jigya Yadav (Minor) Vs. Central Board of Secondary Education & Ors."(2021) 7 Supreme Court Cases 535 (Civil AppealNo.3905/2011), the relevant portion of judgment, Para Nos.194, 194.1 and 194.2 are being reproduced hereunder:-

"194. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE