RAJESH KUMAR JAIN Vs. SECRETARY CBSE

JUDGEMENT

(1.) The present petition is directed against the respondents for issuance of a writ of mandamus directing them ' to make the correction in the date of birth of the petitioner mentioned in the date of birth certificate issued by respondent No.1 which is filed as Annexure P-III to the writ petition. The date of birth in that certificate is indicated as 18th March, 1967.

(2.) The averments made in the writ petition are that the petitioner was born at Jeewan Hospital, New Rohtak Road, New Delhi on 13th August, 1967 and was admitted to J.D.TytIer School, New Rajinder Nagar, New Delhi in Nursery class on 3rd April, 1972. On June 20, 1984 the petitioner was issued the date of birth certificate by Central Board of Secondary Education (for short CBSE) respondent No.l, and it is alleged that by mistake the date of birth mentioned was 18th March, 1967 which in fact is the date of birth of another student also named as Rajesh Jain son of Shri Bhushan Jain and both the entries, it is stated, appear on the same page of the Admission and Withdrawal Register as maintained by the school. It is further stated that in August, 1997 the petitioner contacted the CBSE to get his date of birth corrected in the certificate issued by CBSE but the petitioner was informed that necessary correction could only be made on the advice of the School Authorities as the entries in the record of CBSE are on the basis of the particulars as furnished by the School Authorities. Thereafter the petitioner contacted the School and was surprised that his date of birth was recorded as 13th April, 1967. He was advised to produce evidence other than the Horoscope in support of Ins date of birth in order to get the same corrected. The petitioner procured his birth certiFicate from Municipal Corporation of Delhi as well as certiFicate from Jeewan Hospital Where he was born. The principal of the school on being fully satisfied on March 31, 1998 made the necessary correction in the school record, such as, the Admission and Withdrawal Register and communicated the same- to CBSE. The respondents 1 to 3, however, declined to correct the entry and issued a fresh certiFicate to the petitioner and maintained that no correction could be made as it did not relate to clerical or typographical error. The petitioner aggrieved by the action of the respondents has Filed this petition for the relief of issuance of a writ of mandamus for showing the date of birth of the petitioner as 13th Aiigusl,1967 instead of 18th March, 1967.

(3.) Notice of the petition was issued to the respondents to show cause and as a consequence thereto the respondents have Filed counter affidavit on 12th March, 1999 where primarily the main plea which is taken is referred to in paragraph 5 which reads as follows: