MANSI MUDGIL Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This petition is filed for seeking a writ in the nature of mandamus for directing the respondent to correct the date of birth of the petitioner in her matriculation certificate on the basis of birth certificate issued to her by the competent authority under the provisions of the Registration of Births and Deaths Act, 1969 (hereinafter referred as 'the Act').

(2.) In brief, the petitioner passed her secondary school examination from CBSE in the year 2001. She was a student of MLS DAV Public School, Narnaul, District Mahendergarh. Her date of birth was mentioned in the School Certificate as 24.11.1985. The petitioner got married in the year 2013. Her husband has got an assignment in Germany, she wanted to accompany him and she has to apply for the Visa. At Since, there is a requirement to attach the birth certificate, therefore, the petitioner obtained her birth certificate from the Registrar (Births and Deaths) Municipal Corporation, Gurugram and found that her date of birth has been mentioned in the birth certificate as 24.11.1984 instead of 24.11.1985. The petitioner has otherwise obtained Adhar Card with the correct date of birth of 24.11.1984. Be that as it may, realizing the mistake in the matriculation certificate, the petitioner approached the CBSE with a representation for seeking correction in the date of birth from 24.11.1985 to 24.11.1984 so that she may be in a position to apply for the Visa to the German Embassy otherwise there was an anomaly in her matriculation certificate about her date of birth which was not in consonance with the birth certificate issued under the Act. The representation of the petitioner remained pending with the CBSE, therefore, present petition has been filed.

(3.) Learned counsel for the respondent has submitted that he does not want to file any reply and has relied upon the Examination Bye Law No. 69.2 of the CBSE as per which there is a limitation provided for seeking such type of correction i.e. a period of one year from the date of declaration of the result. It is, thus, submitted that the petitioner might be having a right but lost the remedy after the expiry of one year after the declaration of the result of her matriculation examination.