Sagar Mal Verma @APPELLANT@Hash Secretary, Central Board Of Secondary Education

By this writ petition the petitioner has made the following prayers:-

“It is, therefore, respectfully prayed that this Hon’ble Court may kindly admit and allow this writ petition and may kindly favour the petitioner :-

i. by an appropriate writ, order or direction, the letter dated 01.05.2017 (Annexure-1) and reply to the legal notice dated 15.06.2017 (Annexure-2) may

be termed as illegal.

ii. By an appropriate writ, order or direction, the respondents may be directed to correct the date of birth of petitioner’s son, Master Sandeep as

21.03.2000. iii. any other orders or direction which the Hon’ble Court deems just in the facts and circumstances of the case may also be kindly

granted.

Counsel for the petitioner submitted that the petitioner no.2 has applied for correction of his date of birth recorded in the mark- sheet of 10th class

issued by the Central Board of Secondary Education, New Delhi (hereinafter referred to as ‘CBSE’). Counsel further submits that wrong date

of birth has been mentioned in the Grade-sheet cum certificate of performance issued by the CBSE. Counsel further submits that the father of the

petitioner is in army service and at the time of his birth, his father submitted a declaration form as per the army rules on 27.05.2000 at Jhansi (M.P.)

wherein the date of birth has been shown as 21.03.2000.

Thereafter the petitioner studied at various schools and in all such schools documents his date of birth has been mentioned as 21.03.2000. Petitioner

no.2 studied at various schools as his father was in Army and due to transfer of his father, he left the school and in the transfer certificate issued by

the Central School, Bhatinda his date of birth was wrongly mentioned as 21.03.2003 in place of 21.03.2000. He applied to the Central School, Bhatinda

for correction of his date of birth and the said mistake was corrected by the Principal of Central School, Bhatinda and in this regard the Principal

Tagore Public School Surajgarh, Jhunjhunu was informed by the Principal Central School Bhatinda about correction of date of birth of petitioner no.2

from 21.03.2003 to 21.03.2000. The said fact regarding correction of date of birth has been mentioned in the communication dated 21.03.2014

(Annexure-7).

Thereafter, the petitioner no.2 studied at Tagore Public School, however while filing up the form of 10th class the petitioner no.2 filled the date of

birth as 21.03.2003 for which when the mistake came to notice of the father of the petitioner they applied to the CBSE for change in his date of birth.

However, the said application was rejected by the CBSE Officers, of the Board vide order dated 01.05.2017. Counsel relied upon the judgment passed

by a Coordinate Bench of this court in the matter of Sumit Raj Vs. Central Board of Secondary Education and others (S.B. Civil Writ Petition

No.14389/2017) decided on 08.09.2017, wherein it has been held as under:-

“Heard. Considered.

The only reason for the rejection of the petitioner’s application for change of his DOB in his Secondary School marksheet is that it was not filed

within one year of declaration of the result.

Evidently that ground is based on the amendment of the CBSE Examination Bye Laws on 26.05.2015 whereby the limitation for seeking change in the

mark-sheet/ certificate with regard to the DOB, Name/ Sur-name of the student/ parents has been reduced to one year from the date of declaration of

result.

However admittedly the petitioner’s result was declared on 28.05.2015 prior to the amendment of the Board’s Examination Bye-laws on

26.05.2015. At the relevant time when the petitioner’s mark-sheet/ certificate for Secondary School Examination Session 2013-15 was issued on

28.05.2015, the unamended Examination Byelaws obtaining of the Board prior to 26.05.2015, provided for a limitation of five years for seeking

correction in the DOB, Name/ Sur-name of the examinees/ parents in the marksheets/ certificates issued by the Board.

Even otherwise, I am of the considered view that the limitation under the Board’s Examination Bye-laws is not statutory in nature and the Board

is obliged to make necessary correction/s in the mark-sheets/ certificates issued to its students if the applications are made within reasonable time and

based on good/ genuine ground/s to its satisfaction. Discrepancies in the mark-sheets/ certificates issued to students can entail huge inconvenience and

prejudice to the students of the Board. The Board’s mechanical approach to the difficulties its examinees face is palpably arbitrary as application

of mind to applications made for the purpose of change of DOB/ Names/ Surnames reflected in the mark-sheet is imperative as a measure of

fairness.

The impugned order dated 15.11.2016 passed by the Central Board of Secondary Education is incomprehensible juxtaposed to its obligations

reasonably construed towards its students, and reflective of its arbitrary casualness. It is quashed and set-aside.

The petition stands allowed accordingly.

The matter is remanded to the Central Board of Secondary Education to decide afresh the petitioner’s application for change of his DOB in the

Secondary School Examination Session 2013-15 marksheet/ certificate issued on 28.05.2015 within five working days from the date of presentation of

a certified copy of this order.â€​

Counsel for the respondent submitted that once the petitioner has filled up the form of Class 10th he is estopped from seeking correction in his date

of birth. Counsel further submits that the petitioner passed out class 10th from Tagore Public School, Jhunjhunu and if there is any mistake on the part

of the school or petitioner, the Board is not responsible for such mistakes.

Heard counsel for the parties and perused the record.

I have considered submission made by both the parties and in my considered view the argument raised by the counsel for the petitioner deserves to

be accepted in view of the judgment passed by this court in the matter of Sumit Raj (supra).

Accordingly, the writ petition stands allowed. The order dated 01.05.2017 passed by CBSE is quashed and set aside.

The matter is remand to the Central Board of Secondary Education to decide petitioner’s application afresh for change of his date of birth

recorded in the Secondary School Examination Session 2014-16 mark-sheet/certificate issued on 28.05.2016 within a period of two weeks from the

date of presentation of the certified copy of this order.