Advocates:
['NEERAJ BATRA', 'M S RAGHV', '', 'M S RAGHAV', 'ADV']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writs No. 17866/2017

Sagar Mal Verma S/o Shri Suraja Ram, aged 44 years, By Caste

Kumhar , R/o Ward No. 12, Naiko Ka Mohalla, Hospital Road,

Surajgarh, District Jhunjhunu, Rajasthan-333029. Present Address

- Headquarter Cwe Patiala Building Number 26, New Lal Bag,

Patiala, Punjab-147001

----Petitioner

Versus

1.

Secretary, Central Board Of Secondary Education, Cbse

Board , 2Nd Community Centre, Preet Vihar, Behind Bpcl

Petrol Pump, New Delhi-110 092

2.

Regional Officer, Central Board Of Secondary Education ,

Regional Office, Ajmer-305001

3.

Principal, Kendirya Vidhyalya No. 1, Bhatinda Cantonment ,

Punjab-151004

4.

Principal, Tagore Public School, Surajgarh , Chidava Road,

Surajgarh, District Jhunjhunu, Rajasthan-333029

----Respondents

For Petitioner(s)

:

Mr. Neeraj Batra.

For Respondent(s)

:

Mr. M.S. Raghav.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

12/07/2018

1.

By this writ petition the petitioner has made the following

prayers:-

“It is, therefore, respectfully prayed that this Hon’ble

Court may kindly admit and allow this writ petition

and may kindly favour the petitioner :-

i.

by an appropriate writ, order or direction, the

letter dated 01.05.2017 (Annexure-1) and reply to the

legal notice dated 15.06.2017 (Annexure-2) may be

termed as illegal.

ii.

By an appropriate writ, order or direction, the

respondents may be directed to correct the date of

birth of petitioner’s son, Master Sandeep as

21.03.2000.

iii.

any other orders or direction which the Hon’ble

Court deems just in the facts and circumstances of

the case may also be kindly granted.

(2 of 4)

[CW-17866/2017]

2.

Counsel for the petitioner submitted that the petitioner no.2

has applied for correction of his date of birth recorded in the mark-

sheet of 10^th class issued by the Central Board of Secondary

Education, New Delhi (hereinafter referred to as ‘CBSE’). Counsel

further submits that wrong date of birth has been mentioned in the

Grade-sheet cum certificate of performance issued by the CBSE.

Counsel further submits that the father of the petitioner is in army

service and at the time of his birth, his father submitted a

declaration form as per the army rules on 27.05.2000 at Jhansi

(M.P.) wherein the date of birth has been shown as 21.03.2000.

3.

Thereafter the petitioner studied at various schools and in all

such schools documents his date of birth has been mentioned as

21.03.2000. Petitioner no.2 studied at various schools as his father

was in Army and due to transfer of his father, he left the school and

in the transfer certificate issued by the Central School, Bhatinda his

date of birth was wrongly mentioned as 21.03.2003 in place of

21.03.2000. He applied to the Central School, Bhatinda for correction

of his date of birth and the said mistake was corrected by the

Principal of Central School, Bhatinda and in this regard the Principal

Tagore Public School Surajgarh, Jhunjhunu was informed by the

Principal Central School Bhatinda about correction of date of birth of

petitioner no.2 from 21.03.2003 to 21.03.2000. The said fact

regarding correction of date of birth has been mentioned in the

communication dated 21.03.2014 (Annexure-7).

4.

Thereafter, the petitioner no.2 studied at Tagore Public School,

however while filing up the form of 10^th class the petitioner no.2 filled

the date of birth as 21.03.2003 for which when the mistake came to

notice of the father of the petitioner they applied to the CBSE for

change in his date of birth. However, the said application was

(3 of 4)

[CW-17866/2017]

rejected by the CBSE Officers, of the Board vide order dated

01.05.2017. Counsel relied upon the judgment passed by a Co-

ordinate Bench of this court in the matter of Sumit Raj Vs. Central

Board of Secondary Education and others (