LAWS(KER)-2020-7-296

CENTRAL BOARD OF SECONDARY EDUCATION Vs. AAKASH PANARA

Decided On July 13, 2020
CENTRAL BOARD OF SECONDARY EDUCATION Appellant
V/S
Aakash Panara Respondents

JUDGEMENT

(1.) Instant writ appeal is filed against the judgment made in W.P.(C) No.21357 of 2019 dated 7.8.2019, by which the writ court issued the following directions:-

(2.) Being aggrieved by the judgment, appellants/Central Board of Secondary Education (CBSE), represented by its Chairman, Shiksha Kendra-2, Community Centre, Preet Vihar, Delhi-110 096, has preferred this appeal.

(3.) Shorts facts leading to the appeal are as under: Instant writ appeal is filed against the judgment of the learned single Judge directing the appellants to correct the date of birth of the respondent's CBSE Certificates without considering the CBSE Bye-laws. The correction of date of birth, name of candidate, father's name, mother's name etc., are governed by the examination bye-laws of CBSE. The correction in date of birth is governed by bye- law 69.2 as far as certificates issued prior to 2005 are concerned and by bye-law 69.3, birth certificate 2015 class IX/XII examinations onwards. As per the examination bye-laws 69.2 and 69.3, the corrections that could be carried out are only to correct typographical and other errors, to make the certificates consistent with the school records. The appellants contended that the 1st respondent, along with the writ petition, has produced a birth certificate, issued on 12.3.1996 wherein the date of birth was recorded as 22.1.1991, much after the date when the petitioner had passed his tenth Board Exam. The correction sought by the petitioner does not fit in the category of typographical error as there is considerable change in the date of birth. According to the appellants, the inordinate delay in approaching the Board is also not explained by the petitioner in the writ petition.