Case Note & Summary
The petitioner, a resident of Aurangabad, passed his Senior Secondary School (12th Standard) examination conducted by the Central Board of School Education (CBSE) from Alwar, Rajasthan, as his father was posted there. In the CBSE certificate and marksheet, his date of birth was recorded as 15.08.1998. However, his school leaving certificate issued by the school showed his date of birth as 15.08.1997. The petitioner approached the High Court under Article 226 of the Constitution of India seeking a direction to the CBSE to correct the date of birth in the certificate and marksheet. The court observed that the school leaving certificate is the primary document and the Board's records should be consistent with it. The court noted that the Board had not disputed the school leaving certificate and that the error was apparent. The court directed the CBSE to correct the date of birth to 15.08.1997 in the certificate and marksheet within four weeks. The petition was allowed with no order as to costs.
Headnote
A) Education Law - Correction of Date of Birth in Board Certificate - Article 226 of Constitution of India - Petitioner's date of birth in CBSE certificate was 15.08.1998 whereas school leaving certificate showed 15.08.1997 - Court held that the Board must correct the date of birth based on school records and the school leaving certificate, as the error was apparent from the record - Held that the Board cannot refuse correction when the mistake is evident and the school has confirmed the correct date (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to correction of his date of birth in the CBSE certificate and marksheet to reflect the correct date as per his school leaving certificate.
Final Decision
The petition is allowed. The respondents are directed to correct the date of birth of the petitioner in the certificate and marksheet from 15.08.1998 to 15.08.1997 within four weeks. No order as to costs.
Law Points
- Correction of date of birth in school leaving certificate
- CBSE examination records
- power of High Court under Article 226
- rectification of clerical errors
- reliance on school records
Case Details
2017 LawText (BOM) (07) 20
Writ Petition No.8254/2017
Anoop V. Mohta, Sunil K. Kotwal
A.B. Kadethankar (for petitioner), Bhushan Kulkarni (for respondents)
The Union of India, through the Secretary for Ministry of Human Resources Development, New Delhi; The Central Board of Secondary Education, through its Secretary
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking correction of date of birth in CBSE certificate and marksheet.
Remedy Sought
Direction to the CBSE to correct the date of birth in the certificate and marksheet from 15.08.1998 to 15.08.1997.
Filing Reason
The petitioner's date of birth in the CBSE certificate was incorrectly recorded as 15.08.1998 whereas the school leaving certificate showed 15.08.1997.
Issues
Whether the petitioner is entitled to correction of date of birth in the CBSE certificate based on the school leaving certificate.
Submissions/Arguments
Petitioner argued that the school leaving certificate is the primary document and the Board's records should be corrected accordingly.
Respondents did not dispute the school leaving certificate but opposed the correction on procedural grounds.
Ratio Decidendi
The school leaving certificate is the primary document for recording date of birth, and the Board must correct its records to reflect the correct date as per the school leaving certificate when the error is apparent.
Judgment Excerpts
The petitioner who is resident of Aurangabad, passed out his Senior Secondary School examination i.e. 12th Standard conducted by Central Board of School Education (CBSE) – respondent from Alwar in the State of Rajasthan as his father was posted there.
The school leaving certificate shows his date of birth as 15.08.1997. The certificate and marksheet issued by the CBSE shows his date of birth as 15.08.1998.
In view of the above, the respondents are directed to correct the date of birth of the petitioner in the certificate and marksheet from 15.08.1998 to 15.08.1997 within four weeks.
Procedural History
The petitioner filed a writ petition under Article 226 before the High Court of Bombay at Aurangabad. The court heard the parties and disposed of the petition at the admission stage with consent.
Acts & Sections
- Constitution of India: Article 226
