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Checking relevance for JIGYA YADAV (MINOR) (THROUGH GUARDIAN/FATHER HARI SINGH VS C. B. S. E. (CENTRAL BOARD OF SECONDARY EDUCATION)...

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Checking relevance for Shiv Kumar Sharma VS Secretary, M. P. Board of Secondary Education...

Shiv Kumar Sharma VS Secretary, M. P. Board of Secondary Education - 2022 0 Supreme(MP) 96 : The Supreme Court directed the Central Board of Secondary Education (CBSE) to correct the date of birth in the petitioner''''s Class 10th mark sheet after the petitioner submitted an application for correction more than three years after the declaration of results. The Court held that the three-year time limit was not a statutory bar and that the petitioner, who was a minor when the mark sheet was issued in 2014, should not be penalized for the delay. The Court directed the Board to consider the application on merits and issue a fresh mark sheet with the correct date of birth. This case is cited as an example of a Supreme Court order correcting the date of birth in a Class 10th CBSE mark sheet, which aligns with the user''''s query about such cases.Checking relevance for PREMA EVELYN DCRUZ VS UNION OF INDIA...

PREMA EVELYN DCRUZ VS UNION OF INDIA - 2022 0 Supreme(Del) 794 : The legal document cites the Supreme Court judgment in Jigya Yadav vs. CBSE, (2021) 7 SCC 535, which establishes that the CBSE is bound to correct the date of birth in Class X certificates based on a valid birth certificate issued under the Registration of Births and Deaths Act, 1969, even after a delay, provided the public document is authentic and the correction is consistent with the records. The judgment also clarifies that the CBSE cannot ignore public documents like birth certificates, Aadhaar, or voter ID cards, and may entertain requests for correction subject to reasonable conditions such as a sworn affidavit, payment of fees, and publication in the Official Gazette. This precedent directly supports the correction of DOB in Class X certificates through court order when the original entry was erroneous and the petitioner provides a legally recognized birth certificate.Checking relevance for Patel Ravibhai Bhimjibhai VS State of Gujarat...

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Checking relevance for Mahin Tickoo, S/o Sh. Rakesh Tickoo vs Union of India and others Through Ministry of Human Sources Development, Department of School Education...

Mahin Tickoo, S/o Sh. Rakesh Tickoo vs Union of India and others Through Ministry of Human Sources Development, Department of School Education - 2025 0 Supreme(J&K) 153 : The court directed the Central Board of Secondary Education (CBSE) to correct the date of birth in the petitioner''''s Class 10 and Class 12 mark sheets from 28/11/2004 to 28/11/2003 based on statutory documents, including a Jammu Municipality-issued birth certificate, Aadhaar Card, and PAN Card. The correction was ordered under Article 226 of the Constitution of India, emphasizing that statutory documents carry a presumption of correctness and must prevail over school records. The court further directed CBSE to issue an amended date of birth certificate after the petitioner surrendered the original birth certificate and submitted an affidavit affirming the change and indemnifying CBSE against future consequences.Checking relevance for U. P. Madhyamik Shiksha Parishad VS Raj Kumar Agnihotri...

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Checking relevance for KHUSHBU KAUSHIK (MINOR) THR. HER FATHER LT. COL. RAJESH CHANDRA KAUSHIK VS CENTRAL BOARD OF SECONDARY EDUCATION THROUGH ITS CHAIRMAN...

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Pranjali Kureel vs Central Board of Secondary Education - Delhi (2021) : The Supreme Court in Jigya Yadav (minor) through Guardian/father Hari Singh vs. C.B.S.E (Central Board of Secondary Education) & Ors., 2021 SCC Online SC 415, upheld that a correction in date of birth in CBSE records, including Class X and XII mark sheets, can be made based on a court order. The Court clarified that while the date of birth is immutable and cannot be changed to a new date of one''''s choice, it can be corrected to reflect the accurate date as established by public documents, particularly when such correction is ordered by a court. The judgment explicitly allows for corrections in CBSE certificates under Byelaw 69.3(B), which permits correction in date of birth ''''provided the correction has been admitted by the Court of law.'''' The Court further directed that such corrections must be reflected in the certificate with a caption stating ''''CORRECTION ALLOWED IN DATE OF BIRTH FROM _ TO _ ON (DATED) ___ AS PER COURT ORDER NO. __ DATED ______.'''' This establishes a legal precedent for correcting DOB in Class X and XII CBSE mark sheets through judicial intervention, even if the original records were inconsistent with public documents.

Summary of Supreme Court and Court Cases on Correction of Date of Birth (DOB) and Name in CBSE Mark Sheets

Main Points and Insights

• Legal Basis for Corrections: Courts have consistently held that corrections in DOB and names in CBSE mark sheets can be made based on school records, court orders, or statutory documents like birth certificates. The Supreme Court and High Courts have emphasized that such corrections are permissible to ensure accuracy and justice Jigya Yadav v. CBSE (2021) SCC 535.

• Court Orders as Authority: Several cases demonstrate that court orders play a pivotal role in correcting errors in DOB or names. Once a court directs correction, CBSE is obliged to amend the records accordingly, often accompanied by a notation like CHANGE ALLOWED IN NAME/DOB ON (DATED) ____ AS PER COURT ORDER ["Akshaya Murali VS Central Board Of Secondary Education - Rajasthan"], ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"].

• Delay and Limitation Issues: Courts have acknowledged that delays in seeking correction are a concern but have also extended the time limits in some cases, especially when justice demands correction, and the delay is justified by circumstances such as late production of statutory documents ["Shubham @ Shubham Thakur VS Central Board of Secondary Education, New Delhi - Jharkhand"], ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"].

• Correction of Name: Corrections in name are generally accepted when supported by certified evidence and court orders. Courts have directed CBSE to amend records to reflect the correct name, especially when discrepancies are proven through legal or official documents ["Tarun Makkar VS State (Government of NCT of Delhi) - 2014 0 Supreme(Del) 2315"], ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"].

• Correction of DOB: Courts recognize that DOB can be corrected based on birth certificates or court orders, but emphasize that DOB, being a unique identifier, cannot be arbitrarily changed without proper legal backing. When court orders are produced, CBSE is instructed to update the DOB accordingly ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"], ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"], ["SUMIT RAJ VS CENTRAL BOARD OF SECONDARY EDUCATION - Rajasthan"].

• Notation in Mark Sheets: When corrections are made post-court order, the corrected documents often carry a notation indicating the correction was made AS PER COURT ORDER to maintain transparency and legal validity ["Akshaya Murali VS Central Board Of Secondary Education - Rajasthan"], ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"].

Analysis and Conclusion

• Courts, including the Supreme Court, have upheld the principle that errors in DOB and names in CBSE records can be rectified through judicial orders or based on authentic statutory documents. The process involves a court-directed correction with appropriate notation on the corrected documents.

• The courts have rejected the argument of delay when the correction is supported by valid documents or court orders, emphasizing that justice takes precedence over procedural delays.

• Overall, correction of DOB and names in CBSE mark sheets is permissible and enforceable through court orders, provided proper legal or documentary evidence is presented. The CBSE is directed to comply with such orders and update records accordingly, ensuring the accuracy of educational certificates.

References

• ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"]
• ["Akshaya Murali VS Central Board Of Secondary Education - Rajasthan"]
• ["Qudsiya VS Cbse - Delhi"]
• ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"]
• ["Shivansh Gupta VS Central Board of Secondary Education - Madhya Pradesh"]
• ["PREMA EVELYN DCRUZ VS UNION OF INDIA - 2022 0 Supreme(Del) 794"]
• ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"]
• ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"]
• ["SUMIT RAJ VS CENTRAL BOARD OF SECONDARY EDUCATION - Rajasthan"]
• ["ATHARV AGARWAL vs CENTRAL BOARD OF SECONDARY EDUCATION - Uttarakhand"]
• ["Shubham @ Shubham Thakur VS Central Board of Secondary Education, New Delhi - Jharkhand"]
• ["Muhammad Sahil vs State of U.P. - Allahabad"]
• ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"]
• ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"]
• ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"]
• ["CBSE, Represented by its Chairperson, Delhi vs Hari Krishnan S/o Late Krishnankutty - Kerala"]
• ["VIRATH CHOUDHARY vs CENTRAL BOARD OF SECO EDU ORS - Rajasthan"]