Change of date of birth in exam certificate to younger age via subsequent birth certificate impermissible if conflicting with school records and earlier certificate; only corrections to align with school records allowed under bye-laws.

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 10^th 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 3^rd 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 was indicated in the Secondary School Examination, 2022 certificate, issued by Central Board of Secondary Education. Petitioner applied for correction/change of date of birth by relying upon a birth certificate, issued by Nagar Nigam, Haldwani on 21.3.2022, in which petitioner’s date of birth is indicated as 8.10.2009. His application was rejected by Central Board of Secondary Education and against the rejection order, petitioner has approached this Court.

3. Annexure-3 to the writ petition is the earlier birth certificate, issued by Registrar, Births and Deaths, Nagar Nigam, Haldwani on 7.10.2011 and date of registration is mentioned in the certificate as 4.10.2011. As per the said certificate, petitioner was born at Haldwani on 8.10.2006. Thus the date of birth indicated in the birth certificate issued to the petitioner in 2022 is different from the date of birth indicated in the earlier birth certificate.

4. Learned Counsel for the petitioner submits that since petitioner’s request for correction of date of birth is based on a birth certificate issued by the competent authority, therefore, Central Board of Secondary Education was not justified in turning down petitioner’s request for correction/change of date of birth. He further submits that the reason assigned for rejecting petitioner’s request is unjust and CBSE ought to have acceded to the request of the petitioner.

5. Learned Counsel appearing for the CBSE, however, submits that second birth certificate was issued by Nagar Nigam on 21.3.2022 i.e. prior to petitioner appeared in Secondary School Examination, however petitioner did not indicate the date of birth mentioned in that certificate in his examination form, as indicating such change would have rendered him ineligible for appearing in Secondary School Examination. Learned Counsel relies upon the judgment rendered by Hon’ble Supreme Court in Jigya Yadav v. CBSE , (2021) 7 SCC 535. Relevant paragraphs of the said judgment, as relied upon by learned Counsel, are extracted below:

“160. The conditions regarding “correction” in name or date of birth are not as stringent as conditions applicable to change thereof. For correction in name, the 2018 Bye-laws provide for a limitation period of five years and permit such corrections that can