GUNJAN VERMA Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) In this writ application filed under Art. 226 of the Constitution of India, the petitioner wants a change in his date of birth recorded in the pass certificate (Annexure-2) issued by the Central Board of secondary Education (for short 'the CBSE') from 23.08.1993 to 23.09.1990. Similarly, a change in the date of birth of the petitioner is also sought in the mark sheet (Annexure-1).

(2.) The petitioner appeared at the All India Secondary School Examination in the year 2008 and having passed the examination was issued the mark sheet on 29.05.2008 and the pass certificate of the same date. Both the documents (Annexures-1 and 2) record the date of birth of the petitioner as 23.08.1993.After several years, an application dated 27.01.2015 was filed seeking change/correction in the date of birth of the petitioner from 23.08.1993 to 23.09.1990. It is stated that soon after giving birth, the mother of the petitioner died on 24.09.1990. As per the date of birth recorded in the pass certificate, the petitioner was aged about 15 years when he passed the Xth examination. Owing to mistake in recording the date of birth in the school register/record and other papers by the maternal grandfather with whom the petitioner was living after the death of his mother, the petitioner was unable to take admission in higher classes or pursue further study for few years. It will be obnoxious situation where the petitioner shall be treated to have been born 03 years after the death of his mother.

(3.) A counter affidavit is filed on behalf of the CBSE stating that under the bylaws of the CBSE, no such change/correction in the recorded date of birth is permissible. The bylaws of the CBSE permits correction of the date of birth due to clerical mistake/error where it is established that a wrong entry was made erroneously in the list of the candidates/application form of the candidate for the examination within five years.