LAWS(P&H)-2014-8-76

AMBIKA KAUL Vs. CENTRAL BOARD OF SECONDARY EDUCATION

Decided On August 04, 2014
Ambika Kaul Appellant
V/S
CENTRAL BOARD OF SECONDARY EDUCATION Respondents

JUDGEMENT

(1.) The petitioner wants a correction in the school certificate issued by the CBSE. The contention is that the actual date of birth of the petitioner was 04.07.1991 while the school certificate refers the date of birth as 04.07.1992. The documents filed along with the petition shows that it was not a clerical mistake which had taken effect in the school leaving certificate but it is a continuation of the entries which are found right from the time when the petitioner gained admission as a child in a nursery school. In the registration form made at the Jain Public School, Rewari, the petitioner's name has been recorded as 04.07.1992. This is again the date of birth which is entered in the Jain Public School leaving certificate issued on 02.04.2002. At all times, therefore, the petitioner had surely knowledge of what she had secured in school records.

(2.) If the date of birth was of the year 1991, a change cannot be brought in the school records if the petitioner sought admission in the school giving a date of birth deliberately from what according to her was true. If there is a change which can be effected, it must conform to the parameters laid down in the change or correction in the date of birth as approved in the bye laws of of the Central Board of Secondary Education. The said bye law reads as follows:-

(3.) The two circumstances indeed are corrections in respect of typographical errors in making the certificate consistent with the school record. Evidently, it means if the school record prescribes the particular date of birth and the certificate issued by the Central Board refers to some other date, it can be corrected. I have already seen that the school record refers to the date of birth as 04.07.1992 that is precisely the entry in the CBSE certificate as well. The second circumstance mentioned in bye law 69.2 is where a genuine clerical error has crept in. Clause (ii) merely sets out the person who will be competent to effect the correction. There has nothing to do about the source of the alleged mistake. If a person at the time of admission into a school gives a particular date of birth and that is carried through all the years during the entire period of schooling and the CBSE certificate merely reproduces the birth details contained therein, there shall be simply no scope for a change in the CBSE certificate.