NUTAN KUMARI Vs. CBSE

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner praying inter alia for directions to the respondent/CBSE to decide her representation dated 24.04.2009, to correct her date of birth as recorded in the Secondary School and Senior Secondary School Certificates issued to her in the year 2004 & 2006, from 20.02.1986 to 12.10.1988, and further issue corrected certificates to her.

(2.) IN a nutshell, the facts of the case as set out in the writ petition are that the father of the petitioner, during his tenure with the INdian Army, was posted at different stations from time to time, due to which, his family members including the petitioner had to shift their place of residence and her school on a number of occasions. IN the year 2004, the petitioner had passed her secondary school examination from Kendriya Vidyalaya Ballygunje, Kolkata, (West Bengal) under the respondent/CBSE. Thereafter, in the year 2006, the petitioner appeared for her class XII examinations from Kendriya Vidyalaya No.1, Gandhi Nagar, Jammu under the respondent/CBSE. The respondent/CBSE had issued two certificates to the petitioner, the first one was upon her passing class X examinations in March 2004 and the second one was upon her passing class XII examinations in March 2006. IN the year 2009, the petitioner took admission in a five year law course in Modern Law College, Ganeshkhind, Pune-53, University of Pune.

(3.) IT is averred in the writ petition that the petitioner had paid a number of visits to the office of the respondent/CBSE at Delhi and finally submitted a representation dated 24.04.2009, seeking correction of her date of birth in its records. On 10.12.2009, the petitioner also got a notice published in the Gazette of Maharashtra notifying her changed date of birth as 12.10.1988. IT is the case of the petitioner that the date of her birth has been wrongly noted in the records of the respondent/CBSE as 20.02.1986 whereas her actual date of birth is 12.10.1988 and the said fact can be verified from the documents enclosed with the writ petition. The petitioner claims that she has not taken any undue advantage of the incorrect recording of her date of birth and, therefore, directions be issued to the respondent/CBSE to carry out the necessary rectification in its records. In support of his argument that the petitioner is entitled to change of date of her birth in Class X Certificate issued by the respondent/CBSE, counsel for the petitioner relies upon the judgment in the case of Kumari Para vs. Director, Central Board of Secondary Education reported as AIR 2004 Delhi 310 and a decision of the Supreme Court in the case of Narinder Kaur vs. Punjab & Haryana High Court & Ors. decided on 04.02.2011 and reported as (2011) 11 SCC 53.