SEERAT KHARA Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The twin prayers made by the petitioner in this writ petition are;

(2.) According to the petitioner, she was born on 28.03.1994 in Bawa Nursing Home at Chandigarh. A certificate of birth dated 02.12.1994 was issued to her by the Chandigarh Administration, Department of Health, in which her date of birth is recorded as 28.03.1994 vide registration no.3372 dated 07.04.1994. Incidentally, the petitioner is a an American citizen having passport no.488247916 issued on 20.05.2013 and is valid up to 19.05.2023. In this passport also, her date of birth is recorded as 28.03.1994. The petitioner has also appended a certificate of Consular Report of Birth Abroad issued by the United States of America on 28.05.1998, in which her date of birth is also recorded as 28.03.1994. The petitioner has passed her 10+2 examination from the medical stream with 95% marks, but there occurred a discrepancy in her 10+2 certificate and the 10th certificate showing the difference of one year as her date of birth was got recorded by her grandfather as 28.03.1995 instead of 28.03.1994. It is averred by the petitioner that she wanted to apply for higher medical studies but not with a wrong date of birth, therefore, she made a representation to respondent no.1 through respondent no.2 for correction of her date of birth, which has been declined by the impugned order. It is also averred that she declared her date of birth in the newspapers, namely, Jan Satta dated 03.05.2013 and Times of India dated 07.05.2013, pointing out the error occurred because of mistake on their part.

(3.) In the reply filed by respondent no.1, it has been averred that the Board is bound by Bye-laws 69.2(i), which provides for correction of typographical and other errors, but the error in the present case is not a typographical error. It is also averred that the writ petition is not maintainable and the petitioner should have availed the remedy of filing a civil suit. It is also alleged that the petitioner herself verified her age in the school register by appending her signatures against her date of birth, i.e. 28.03.1995, and now cannot turn around to claim her date of birth as 28.03.1994.