Punjab-Haryana High Court
Shubham Attri vs Central Board Of Secondary Education & ... on 22 December, 2014
Author: K. Kannan
Bench: K. Kannan
CWP No.25561 of 2014 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.25561 of 2014
Date of Decision.22.12.2014
Shubham Attri .......Petitioner
Versus
CBSE and others ......Respondents
Present: Mr.B.S. Sewak, Advocate
for the petitioner.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ? No
2. To be referred to the Reporters or not ? No
3. Whether the judgment should be reported in the Digest? No
-.-
K. KANNAN J. (ORAL)
1. The writ petition is for change of date of birth for the student who had studied in a school where the date of birth was mentioned as 12.04.1996. The petitioner's case is that the actual date of birth is 12.06.1995 but the school has registered the date of birth as 12.06.1996. The petitioner seeks for change of date of birth by reference to the Birth Certificate. Now, he has taken the board examination and the petitioner indirectly seeks for modification of the date of birth as found in the board examination mark sheet.
2. The change in the board certificate will be possible only in the manner contemplated under the relevant Rules, namely, that there is a clerical mistake in entering details given by the school in the certificate. If the date of birth is itself said to be wrongly registered with the school, there is no scope for changing it after the event namely after the board has entered the details as furnished by the school. PANKAJ KUMAR 2015.01.05 16:24 I attest to the accuracy and authenticity of this document Chandigarh CWP No.25561 of 2014 -2-
3. The counsel would refer to me to the decision of this Court in Parveen Malik Vs. CBSE and others in CWP No.4767 of 2012 dated 05.02.2013 when this Court had allowed for such a change. I find myself with due respect unable to agree to any decision which will be against the Rules so long as the rule itself is not in question before the Court. This Court has had an occasion to consider the said issue with reference to the rule in Ambika Kaul Vs. CBSE and others in CWP No.15315 of 2014 and I have held that it is not possible to make such a change.
4. I find that the relief that is sought for in the writ petition is not capable of being granted. The writ petition is dismissed.
(K. KANNAN) JUDGE December 22, 2014 Pankaj* PANKAJ KUMAR 2015.01.05 16:24 I attest to the accuracy and authenticity of this document Chandigarh