B. Vishali v. Chairman, The Central Board of Secondary Education (CBSE), New Delhi
2022-07-29
ABDUL QUDDHOSE
body2022
DigiLaw.ai
JUDGMENT (Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the respondents the Central Board of Secondary Education (CBSE) to correct the respective petitioners- date of birth as 02.06.2000 in Grade Sheet cum Certificate of Performance vide Regn.No.M115/07044/0652, Roll No.4001344 and Sl.No.0220352 issued on 28.05.2015.) This writ petition has been filed for a mandamus seeking for a direction to the respondents to correct the petitioner-s date of birth as 02.06.2000 in Grade Sheet cum Certificate of Performance bearing Regn.No.M115/07044/0652, Roll No.4001344 and Sl.No.0220352 issued on 28.05.2015. 2. According to the petitioner, she came to know that her date of birth has been wrongly entered in Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education as 27.03.2000, whereas her correct date of birth is 02.06.2000. The petitioner states that she was born on 02.06.2000 at Chennai and a birth certificate has also been issued by the Corporation of Chennai disclosing that her date of birth is 02.06.2000. In the petitioner-s passport also, her date of birth is correctly disclosed as 02.06.2000. Therefore, she seeks for correction of date of birth in the Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education. The petitioner has given a representation for the said purpose to the respondents. Since the representation has not been considered till date, she has filed this writ petition. 3. A counter affidavit has been filed by the respondents wherein they have fairly conceded that the change in the mark sheet should be made as per the decision of the Hon’ble Supreme Court in Civil Appeal No.3905 of 2011 in the case of Jigya Yadav (Minor) vs. Central Board of Secondary Education and others. 4. Heard Mr.V.R.Kamalanathan, learned counsel for the petitioner and Mr.G.Nagarajan, learned Standing Counsel appearing for the respondents. 5. As seen from the aforementioned decision, the change of date in the mark sheet is permissible provided the petitioner satisfies her correct date of birth through proper public documents. In the case on hand, the petitioner has produced the passport as well as her birth certificate to confirm that her date of birth is 02.06.2000 and not 27.03.2000 which is mentioned in the Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education. 6.
In the case on hand, the petitioner has produced the passport as well as her birth certificate to confirm that her date of birth is 02.06.2000 and not 27.03.2000 which is mentioned in the Grade Sheet cum Certificate of Performance issued by the Central Board of Secondary Education. 6. As seen from the counter affidavit, the respondents have also not raised serious objection for the rectification to be made in the petitioner-s Grade Sheet cum Certificate of Performance with regard to her date of birth. 7. For the foregoing reasons, this Court directs the respondents to correct the petitioner-s date of birth as 02.06.2000 under Grade Sheet cum Certificate of Performance issued on 28.05.2015 within a period of six weeks from the date of receipt of a copy of this Order. 8. With the aforesaid direction, this writ petition is disposed of. No costs.