CHIRAG JAIN Vs. CBSE

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the Petitioner seeks directions to direct Respondent to revoke the impugned entry pertaining to his date of birth in the Class 10th pass certificate and Class 10th Mark Sheet.

(2.) The brief facts of the case which have led to the filing of the present petition are that the Petitioner was born on 18th May, 1991 in Ram Manohar Lohia Hospital and his date of birth was duly registered with the NDMC on 17th June, 1991 as 18th May, 1991. The Petitioner also stated that he holds an Indian passport which was issued in his favour on 23rd May, 1997 for a period of 10 years and there also his date of birth was recorded as 18th May, 1991. It is also stated that the Petitioner had joined Delhi Public School, R.K. Puram in the year 2004 after he migrated from Ramjas School, Pusa Road, New Delhi. While studying in DPS he had appeared for class 10th examination under Roll No. 6172168 and in the same school he had appeared for class 12th examination in the year 2008 under Roll No. 6267327. He also stated that his class 10th result was declared on 20th May, 2006 but his date of birth in the class 10th pass certificate as well as in mark sheet issued by the CBSE was wrongly shown as 18th March, 1991. It is also the case of the Petitioner that after passing class 12th examination from the DPS on 23rd May, 2008 he has tried in various colleges for further studies and he had filled the same date of birth in all the admission forms as was shown in the class 10th pass certificate and mark sheet. It is also stated that some time in 2009 the Petitioner realized that inconsistency in his date of birth would create problem in near future for higher studies for which he took steps and applied to the Principal of the Delhi Public School requesting the change of his date of birth in the said certificates. It is also stated that the said request of the Petitioner was forwarded by the DPS to the CBSE and was rejected by the CBSE vide letter dated 7th July, 2009 taking a stand that no change/correction in the date of birth which is the date from previous school records is permissible under Rule 69.2 of the CBSE Examination Bye-Laws. Feeling aggrieved with the said decision taken by the CBSE, the Petitioner has preferred the present petition.

(3.) Mr. Rahul Chaudhary, learned Counsel appearing for the Petitioner submits that the parents of the Petitioner had been inadvertently furnishing the wrong date of birth just due to mistake as the actual date of birth based on the municipal records of the Petitioner is 18th May, 1991. Counsel further submits that the same date of birth was also disclosed by the Petitioner in his passport and accordingly the passport of the Petitioner carries the correct date of his birth. Counsel, thus, urges that the said two documents, that is, date of birth certificate issued by the NDMC and the passport cannot be doubted and therefore based on the same, directions be given to the Respondent CBSE to correctly record his date of birth as 18th May, 1991 instead of 18th March, 1991 on the secondary certificate as well on the mark sheet. In support of his arguments, learned Counsel for the Petitioner has placed reliance on the judgment of this Court in Km. Para v. Director, Central Board of Secondary Education, 2004 AIR(Del) 310