Allowed

Pranay Sharma v. C B S E and Ors.

Rajasthan HC19 Apr 2018CW/9427/2017

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking correction of the petitioner's date of birth in his Class X mark sheet from 2000 to 1999, aligning it with his Aadhar Card, Birth Certificate, and Passport, relying on a coordinate bench judgment to prevent career obstruction.

What did the court decide?

The respondents are directed to correct the date of birth in the Class 10th mark sheet from 17.03.2000 to 17.03.1999 within one month upon receipt of the application.

Pranay Sharma Vs C B S E and Ors. — Education and Admissions | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 9427/2017

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Pranay Sharma S/o Dr. Sukant Sharma, Aged About 17 Years (Minor) Through His Natual Guardian, Father Dr. Sukant Sharma S/o Shri R.s. Sharma, Aged About 54 Years, R/o C-228, Gyan Marg, Tilak Nagar, Jaipur.

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----Petitioner

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Versus

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The Central Board Of Secondary Education Through Its Secretary, Shiksha Kendra, 2 Community Centre, Preeti Vihar, Delhi - 10301.

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The Regional Secretary, Regional Office, Central Board Of Secondary Education, Ajmer.

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Subodh Public School, Rambagh Circle, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Ishwar Jain. For Respondent(s) : Mr. M.S. Raghav.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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19/04/2018

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

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(i) by an appropriate writ, order or direction the letter/order dated 14.03.2017 (Annexure-3) may kindly be quashed and set aside and further the respondents be directed to record date of birth of the petitioner as 17.03.1999 in the certificate dated 28.05.2016 of Class-X instead of 17.03.2000 and petitioner may be issue certificate of Class-X accordingly.

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(ii) by an appropriate writ, order or direction the respondent no.1 & 2 may kindly be directed to make necessary correction/amendment in the date of birth of the petitioner in the certificate dated 28.05.2016 of Secondary School Examination issued by the respondent no.2.

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(2 of 4) [CW-9427/2017]

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(iii) Any other order or relief which this Hon’ble Court deems fit and proper may also kindly be passed in favour of the petitioner. (iv) The cost of this writ petition may also kindly be awarded in favour of the petitioner.”

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Counsel for the petitioner submitted that due to inadvertence, petitioner has mentioned his date of birth while filing the examination form of Class-X as 17.03.2000 whereas, his actual date of birth is 17.03.1999. Counsel further submits that after issuance of the Mark-sheet of Class 10^th by the Central Board of Secondary Education (hereinafter referred to as ‘C.B.S.E.’) petitioner has filed an application seeking correction in the date of birth on 09.07.2017 within the prescribed period of limitation of one year, according, to the Rules of C.B.S.E. Counsel further submits that in the Adhar Card, Birth Certificate and Passport, the date of birth of the petitioner has been recorded as 17.03.1999. Lastly, counsel submits that in view of these documents the respondents may be directed to correct the date of birth of the petitioner in Mark-Sheet of Class 10^th from 17.03.2000 to 17.03.1999. In support of his contention counsel relied upon the judgment passed by a Co-ordinate Bench of this court in the matter of Mehul Bhargava Vs. Chairman, Central Board of Secondary, Education, Ajmer reported in 2017(1) WLC (Raj.) UC 200 , wherein it has been held as under:-

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“7. I have considered rival submissions of the parties and perused the record.

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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's 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

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(3 of 4)

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[CW-9427/2017]

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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.

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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. 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.”

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Counsel for the respondent submits that the petitioner himself was negligent in filing up the Examination form and Admission form of Class-10^th , therefore, the writ petition filed by the petitioner deserves to be dismissed.

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After considering the submissions made by counsel for the parties and also the judgment of the of the Co-ordinate Bench of this court in the matter of Mehul Bhargava (supra) in my view, the petition filed by the petitioner deserves to be allowed for the reasons; firstly, in the Birth Certificate, Passport and Adhar Card of the petitioners, the date of birth of the petitioner has been recorded as 17.03.1999; secondly, no prejudice would be caused

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(4 of 4)

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[CW-9427/2017]

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to the respondents while changing the date of birth in the marksheet of the petitioner.

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In that view of the matter, the writ petition filed by the petitioner is allowed and the petitioner is directed to submit an application in the office of respondents for change/correction in the date of birth along with required documents and a certified copy of this order. On his doing so, the respondents are directed to make necessary correction i.e. change in the date of birth of the petitioner in the Mark-sheet of Class 10^th from 17.03.2000 to 17.03.1999 within a period of one month.

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The petitioner is directed to deposit a cost of Rs.5,000/- in the office of the respondent no.2 along with the application form.

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(INDERJEET SINGH),J

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Mohit Grover Sr. No.56

Pranay Sharma v. C B S E and Ors.

Case brief

What is this about?

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Pranay Sharma v. C B S E and Ors.

Case brief

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