HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Writ Petition No.17439/2016

Arvind Singh Rajawat Son of Shri Brijendra Singh, age about 16

years, Minor Through His Natural Guardian His Father Brijendra

Singh Rajawat Son of Late Shri Bhola Singh Rajawat, by Caste

Rajput, Aged About 44 Years, Padala Jagir, Tehsil Todabheem,

District Karauli Presently R/o 151 Pratap Nagar, Khatipura Road,

Vaishali, Jaipur (Rajasthan)

----Petitioner

Versus

1. The Central Board of Secondary Education, Todarmal Marg,

Ajmer, Through Its Registrar.

2. The Controller of Examination, Central Board of Secondary

Education, Todarmal Marg, Ajmer

3. The Superintendent (M & M Section), Central Board of

Secondary Education, Todarmal Marg, Ajmer

4. The Principal, Delhi Public School, Jaipur, Bhankrota N.H. No. 8,

Ajmer Road, Jaipur

----Respondents

_____________________________________________________

For Petitioner(s) : Mr. Prakhar Gupta.

____________________________________________________

HON'BLE MR. JUSTICE ALOK SHARMA

Order

13/12/2017

Under challenge is the order dated 10.11.2016 passed

by the Superintending (M & M Section), CBSE Ajmer rejecting the

petitioner’s application for correction of his DOB in the Secondary

School Examination, 2014 result of which was declared on

20.05.2014 as evidenced by the mark-sheet.

The case of the petitioner is that his date of birth was

inadvertently entered as ‘20.09.1998’ instead of ‘20.09.1999’ in

the mark-sheet/ certificate Secondary School Examination, 2014

(2 of 3)

[CW-17439/2016]

issued by the CBSE on 20.05.2014. An application for correction

was therefore filed. By the impugned order dated 10.11.2016 that

application has been rejected for the reason under Rule 69.2 (iv)

of the CBSE’s Examination bye-laws the application for correction

of DOB could not to be entertained, as it was beyond the period of

one year of the date of declaration of the result.

Mr. Prakhar Gupta, counsel for the petitioner submitted

that Rule 69.2(iv) of the CBSE Examination bye-laws providing for

limitation of one year from the declaration of result for correction

of DOB in the records of the CBSE was amended effective

25.06.2015. It was submitted that the petitioner’s Secondary

School Examination, 2014 result was declared on 20.05.2014 i.e.

much prior to the amendment of Rule 69.2(iv) of the CBSE

Examination bye-laws effective 25.06.2015. Mr. Prakhar Gupta

placed reliance upon the judgment of this Court in the case of

Virath Choudhary vs. Central Board of Secondary Education

& Others. in SBCWP No.5731/2015 decided on 25.05.2017

wherein it was held that the amendment to Rule 69.2(iv) of CBSE

Examination bye-laws would operate only prospectively and not

attract to cases/ applications seeking change in DOB in CBSE’s

records prior to 25.06.2015. It was submitted that consequently

the impugned order is completely misdirected in applying the Rule

69.2(iv) of the CBSE Examination bye-laws as amended on

25.06.2015, for the reason that in respect of the petitioner’s case

his result of the Secondary School Examination, 2014 was

declared on 20.05.2014. It has been submitted that the impugned

order dated 10.11.2016 therefore be quashed and set aside and

(3 of 3)

[CW-17439/2016]

the matter remitted to the CBSE for decision afresh on the

petitioner’s application for correction of his DOB in the Secondary

School Examination, 2014 mark-sheet/ certificate issued on

20.05.2014 in accordance with the CBSE Examination’s bye-laws

obtaining at the relevant time.

In the case of Virath Choudhary (supra) this Court has

indeed held that the amendment to the Rule 69.2(iv) of the CBSE

Examination’s bye-laws effective 25.06.2015 is only prospective

and applications for correction of h