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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Atharv Agarwal – Appellant
Versus
Central Board of Secondary Education – Respondent
| Table of Content |
|---|
| 1. petition challenges cbse rejection of dob correction using new birth certificate. (Para 1 , 2 , 3) |
| 2. arguments invoke cbse bye-laws distinguishing dob correction from change. (Para 4 , 5) |
| 3. original dob in school records and exam form not updated. (Para 6 , 7) |
| 4. earlier uncancelled birth certificate matching school records presumed valid. (Para 8) |
| 5. new dob violates minimum age for class 10 exam eligibility. (Para 9) |
| 6. cbse rejection order upheld; writ petition dismissed. (Para 10) |
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 10th 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 th
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 sc....
Date of birth can be corrected in CBSE records based on public documents, given the criteria established in relevant byelaws, without imposing unreasonable limitations on the time for correction.
In order to maintain writ of mandamus, first and foremost requirement is that petition must not be frivolous, and must be filed in good faith.
Central laws regarding record corrections prevail over state regulations, permitting date of birth amendments in educational records.
The court ruled that statutory documents, such as birth certificates, take precedence over school records for correcting date of birth entries, emphasizing the need for CBSE to align its records acco....
Administrative rules regarding correction timelines in education contexts may be set aside to achieve justice in cases of genuine errors.
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