Full Text
HIGH COURT OF DELHI
Date of Decision: 2nd May, 2023
SIDDHIKA KURELE THROUGH HER MOTHER ..... Petitioner
Through: Mr. Rishi K. Awasthi, Mr. Piyush Vatsa, Mr. Avinash Ankit, Mr. Rahul Kumar Gupta, Advocates (M:7895815429)
Through: Mr. Santosh Kr. Tripathi, SC- GNCTD with Mr. Kartik Sharma, Mr. Utkarsh Singh, Advocates for R-1
Mr. Darshan Paliwal, Advocate for CBSE
MINI PUSHKARNA, J. (ORAL):
JUDGMENT
1. The present writ petition has been filed with prayer for directions to the respondent Nos. 2 and 3 to update the date of birth of the petitioner as 28.02.2007 instead of 28.05.2007.
2. It is submitted that the petitioner is now in Class XI and her date of birth in her Class X Board examination certificate is reflected wrongly as 28.05.2007.
3. Along with the present writ petition, documents have been filed on record, which show that the actual date of birth of the petitioner is 28.02.2007.
4. The documents on record are the discharge summary of the mother of the petitioner, which shows that she gave birth to a child on 28.02.2007. The Birth Certificate of the petitioner issued by the Government of NCT of Delhi has been placed on record, which shows the date of birth of the petitioner as 28.02.2007. Similarly, copy of the Aadhaar Card and Passport has been placed on record, which again show that the date of birth of the petitioner is 28.02.2007.
5. Ld. Counsel for the respondent School submits that it was on the basis of the information given by the parents of the petitioner that the date of birth of the petitioner was recorded as 28.05.2007.
6. At this stage, ld. Counsel for petitioner on instructions gives an un-conditional apology to this Court and submits that the mother/ parents of the petitioner shall be careful in future in giving correct particulars.
7. The apology on behalf of the mother/parents of the petitioner is accepted.
8. In view thereof, respondent School is directed to make an application for rectification of the date of birth of the petitioner to the Central Board of Secondary Education (CBSE) along with all the requisite documents viz. Birth Certificate, Aadhaar Card and Passport of the petitioner, which show the date of birth of the petitioner as 28.02.2007.
9. For facilitating the respondent School to make an appropriate application before the CBSE, the mother/guardian of the petitioner child shall provide all the original documents to the school viz. original of the Birth Certificate, Aadhaar Card as well as Passport of the petitioner child, so that school is able to take appropriate action.
10. On receipt of the application from the school, the CBSE is directed to correct the date of birth of the petitioner child in Class X CBSE certificate in consonance with the date of birth as reflected in the Birth Certificate, Aadhaar Card and Passport, copies of which form part of the present petition. Further, the correct date of birth, i.e., 28.02.2007 of the petitioner child may be registered by the CBSE for the purposes of Class XII Board Examinations, which the petitioner student will undertake in next academic session.
11. This Court notes that the public documents pertaining to the petitioner viz. the Birth Certificate, Aadhaar Card as well as the Passport show the date of birth of the petitioner as 28.02.2007. Thus, in order that there is continuity and uniformity of information in all the public documents and that the identity of the petitioner child is not compromised in any manner on account of any discrepancy in the information qua the child, it is directed that the CBSE shall consider the application of the respondent school and carry out the requisite rectification in its records accordingly showing the date of birth of the petitioner as 28.02.2007, in line with the information which is being reflected in the public documents.
12. With the aforesaid directions, the present writ petition is disposed of. MINI PUSHKARNA, J MAY 2, 2023