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Rajasthan High Court · body

2017 DIGILAW 2023 (RAJ)

SUMIT RAJ v. CENTRAL BOARD OF SECONDARY EDUCATION

2017-09-08

ALOK SHARMA

body2017
ORDER : Alok Sharma, J. The petitioner passed the Secondary School Examination, Session 2013-2015 from the Central Board of Secondary Education (for short 'CBSE') in respect of which the mark-sheet/certificate was issued to him on 28.05.2015 in which his Date of Birth therein was recorded as 30.09.1999. 2. The petitioner's case is that the DOB was wrongly recorded in the mark-sheet/certificate of the Senior Secondary Examination as 30.09.1999' when in-fact his actual DOB is 30.06.1999' as also reflected through out in the School's record. It has been submitted that in the circumstances obtaining the petitioner had approached the Chairman, CBSE on 03.10.2016 through on an application duly routed the Principal of the Indian International School, Jaipur (hereinafter 'the School') wherefrom the petitioner had written the Secondary School Examination, 2015. The School vide its letter dated 05.10.2016 forwarded the petitioner's application to the Regional Director, CBSE for making the necessary change in the petitioner's DOB as reflected in the mark-sheet/certificate of Secondary School Examination issued on 28.05.2015 for the reason that in the list of candidates for the Secondary School Examination showing their respective DOB owing to a typographical error, the petitioner's DOB was recorded as 30.09.1999' when it should have been 30.06.1999' as it was in all through in the School's record. Yet vide order dated 15.11.2016 the Board has dismissed the application for correction of the DOB in the petitioner's Secondary School Examination mark-sheet/certificate dated 28.05.2015. Hence this petition. 3. Heard. Considered. 4. The only reason for the rejection of the petitioner's application for change of his DOB in his Secondary School mark sheet is that it was not filed within one year of declaration of the result. 5. 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. 6. 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. 6. 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 Bye-laws 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 mark sheets/certificates issued by the Board. 7. 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. 8. 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. 9. The petition stands allowed accordingly. 10. 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 mark sheet/certificate issued on 28.05.2015 within five working days from the date of presentation of a certified copy of this order.