ABHIMANYU SON OF SH GULAB SINGH Vs. CBSE

JUDGEMENT

(1.) THE objection for alteration of date of birth in CBSE records is not possible at all for the objection is brought on a fundamental error that such a change could be brought about at any time to conform it to the entry in the date of birth. Such a contention cannot also be supported through the decision which the learned counsel refers to and cites before me in Resham Singh Vs. Union of India and another, 2008 1 RCR(Civ) 131. The Division Bench was examining the issue of conflict in date of birth issued by the Registrar of Birth and Deaths and the entry in the school leaving certificate was in the context of a change to be brought in the passport containing the date of birth. The direction itself was not for change of date of birth in the CBSE records and that makes all the difference. What would apply to the CBSE shall not apply to passport authority.

(2.) 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 change in the date of birth as contemplated in the Bye Laws is only when there is a clerical error which had crept in at the time of recording the date of birth which the school had transmitted. If the information supplied by the school in the application is what is also entered in the CBSE certificate, then there can be no complaint of clerical error for correction through a Court order. It must be pointed out that there is not even a challenge to the regulation contained in the CBSE Bye Laws in the writ petition and therefore, so long the said regulation is there, it has the effect of law. There can be no alteration in any manner other than how it is provided under the said Regulation.