ANAND KUMAR SINGH Vs. PRINCIPAL CENTRAL SCHOOL

JUDGEMENT

(1.) The petitioner parsed the Secondary School Examination in the year 1993, held by Central Board of Secondary Education (herein after refferred to as CBSE). In the certificate, issued on 21st June, 1993, his date of birth was shown as 15th August, 1976 (Fifteenth August Nineteen Hundred and Seventy Six) and in the mark sheet, issued by CBSE on 5th June, 1993, the same date of birth i.e. 15th August 1976 was shown. The petitioner pointed out the Vidyalaya authorities that his date of birth, as per School Register and Records, is 15th August, 1978 (Fifteen August Nineteen Hundred and Seventy Eight) but in the certificate and mark sheet, issued by CBSE in the year 1993, it has been wrongly shown as 15th August, 1976. On the prayer of the petitioner, the Central School (Kendriya Vidyalaya), Ramgarh Cantt., Ramgarh, Hazaribagh informed the same to the CBSE authorities. The CBSE authorities having not passed any final order on. the request made by the petitioner and the Kendriya Vidyalaya authorities, he has preferred this writ petition for a direction on the respondent-CBSE to correct his date of birth in the Secondary School Examination Certificate, mark sheet and change it to 15th August, 1978. The plea taken by CBSE is that the Principal, Kendriya Vidyalaya, Ramgarh Cantt. Ramgarh, Hazaribagh while forwarded the list of candidates, mentioned the date of birth of petitioner as 15th August, 1976 and the said list of candidates was signed by the Principal of the Institution and the candidates. The other fact, as pleaded by the petitioner and by the Vidyalaya Authorities, has not been denied.

(2.) The Kendriya Vidyalaya, Ramgarh Cantt. Ramgarh, Hazaribagh has supported the case of the petitioner. It appears that the matter having come to the notice of the petitioner, on his request, the Principal, Kendriya Vidyalaya, Ramgarh Cantt. Ramgarh, Hazaribagh wrote a letter No. 2068 dated 30th January. 1995 to the Regional Officer. CBSE. Allahabad for correction of date of birth of petitioner Roll No. 5104780 of All India Secondary School Examination, 1993. The documents, which relate to petitioner, were forwarded to CBSE for correction of date of birth. It was informed that his actual date of birth is 15th August, 1978 as per School record whereas it has been recorded as 15th August, 1976 in the Secondary School Examination Certificate and in his Mark sheet due to over sight. Reminder was also given by Principal, Kendriya Vidyalaya. Ramgarh Cantt. Ramgarh. Hazaribagh by letter No. 2949 dated 29th September, 1995, whereby photo copies of school leaving certificate of previous school, submitted at the time of admission of petitioner in the Kendriya Vidyalaya; application for Admission Form of Class-VIII as available with the Vidyalaya and concerned portion of the page of the admission and withdrawal register of the Vidyalaya were also forwarded. The CBSE. Regional Office, Allahabad by letter No.336/Correction 1993/ dated 11th February, 1997 asked the Principal, Kendriya Vidyalaya, Ramgarh Cantt. Ramgarh, Hazaribagh to forward attested photo copies of school leaving certificate of the previous school, submitted at the time of admission in the Kendriya Vidyalaya; Admission Form of the Kendriya Vidyalaya; concerned portion of the page of the admission and withdrawal register of the Kendriya Vidyalaya; Admission Form submitted by the petitioner in the Kendriya School and Rs. 25/- per document drawn in favour of Secretary, CBSE, Allahabad. The Principal, Kendriya Vidyalaya, Ramgarh Cantt., Ramgarh, Hazaribagh by his letter No.394-6 dated 8th/9th April, 1997 forwarded the attested photo copies of document, as were requested by CBSE. In spite of the same, CBSE has not yet passed any order correcting the date of birth of petitioner or refusing to correct the same.

(3.) Mr. Ajay Kumar Trivedi, senior counsel Central Government produced a letter No. 404 dated 13th March, 2006, issued by Principal, Kendriya Vidyalaya, Ramgarh Cantt Ramgarh, Hazaribagh, whereby attested photocopies of aforesaid document were produced before the Court. From the Registration Form for admission to Standard VIII, as was submitted by the parent of petitioner on 7th July, 1990, it shows that the date of birth of petitioner is 15th August, 1978. In the application for admission, as was submitted on 25th July, 1990, the petitioner has recorded his date of birth as 15th August, 1978. Along with the said documents, a school leaving certificate, issued by the Education Department, Government of Bihar vide No. 98451 dated 23rd June, 1990, was also enclosed, wherein the date of birth of petitioner was shown as 15th August, 1978.