Mehul Bhargva S/o Sandeep Bhargva v. Chairman, Central Board of Secondary Education
2016-12-20
M.N.BHANDARI
body2016
DigiLaw.ai
JUDGMENT : M.N. Bhandari, J. With consent of the parties, writ petition is heard finally. 2. By this writ petition, a challenge is made to the order dated 17.11.2016, whereby, application filed by the petitioner for correction in the date of birth has been rejected. 3. Learned counsel submits that petitioner's date of birth is 22.3.1999. It has been recorded in Aadhar Card, Birth Certificate issued by the Municipal Corporation and the passport so as in the school record uptil Class IX. It was unfortunate that the petitioner's mother filled the date of birth of the petitioner as 22.3.2000 in Class X examination, which has now been recorded. The mistake was realised immediately on receipt of the certificate of Class X. The petitioner thus made an application to correct the date of birth so that it may match with Aadhar Card, passport etc. The application aforesaid has been rejected by the respondents on the ground that such an application can be considered only within a period of one year. 4. Learned counsel submits that the application has been rejected mainly on the ground of delay of one year ignoring that prior to the amendment in the rule 69.1(ii) and 69.2(iv) the period was of five years. The result of the petitioner was declared prior to the amendment in the rules thus application should have been considered under unamended rules. 5. It is further submitted that if correction in the date of birth is not permitted, petitioner's career would be ruined as his date of birth would not match with other documents like passport, Aadhar card etc. 6. Learned counsel for respondents opposed the writ petition. It is submitted that though the date of birth of the petitioner in all other documents is recorded as 22.3.1999 but while filling the examination form for Class X, it was mentioned as 22.3.2000. The correction in the date of birth is not permissible after a period of one year as per the amended rules thus application of the petitioner was rejected. 7. I have considered rival submissions of the parties and perused the record. 8. It is not in dispute that date of birth of the petitioner has been recorded as 22.3.1999 in Aadhar Card, passport and date of birth certificate issued by the Municipal Corporation etc.
7. I have considered rival submissions of the parties and perused the record. 8. It is not in dispute that date of birth of the petitioner has been recorded as 22.3.1999 in Aadhar Card, passport and date of birth certificate issued by the Municipal Corporation etc. It is unfortunate that petitioner of mother filled the date of birth of the petitioner as 22.3.2000 in the examination form of Class X and, accordingly, it has been recorded in the certificate of Class X. If the amendment in the date of birth is not permitted, career of the petitioner would be ruined as the date of birth in other documents has been recorded as 22.3.1999. It would be an obstruction for his further studies which exist now for filling of the examination form for Joint Entrance Examination (Main) - 2017, to be conducted by the Central Board of Secondary Education. Even if he wants to prosecute further studies abroad, it would not be permissible on account of difference in the date of birth recorded in the passport and the certificate of Class X. 9. The only objection taken by the respondents is about limitation of one year. In my opinion, case of the petitioner should have been considered under unamended provision because his result was declared prior to the amendment in the rules thus for seeking amendment in the date of birth, the rules, as were applicable at the time of declaration of the result would apply. In any case, justice needs to be done by taking liberal approach in the matter because due to bona fide mistake of the mother, a candidate should not suffer otherwise his career would be ruined. The petitioner would not be in a position to study further due to variation in the date of birth. 10. In view of discussion made above, writ petition is allowed. The order dated 17.11.2016, issued by the Central Board of Secondary Education is set aside with direction to the respondents to amend the date of birth of the petitioner. It should be recorded as 22.3.1999 in the certificate of Class X instead of 22.3.2000 and the petitioner may be issued certificate of Class X accordingly.