Document Fragment View
Fragment Information
Showing contexts for: SONEPAT in Parveen Malik vs Central Board Of Secondary Education on 5 February, 2013Matching Fragments
CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK ...
Present : Mr. R.S. Malik, Advocate for the petitioners.
Mr. Harsh Aggarwal, Advocate for respondents no.1 and 2. Mr. Anil Dodd, Advocate for respondent no.3.
...
1. Whether Reporters of local papers may be allowed to see the judgement ?
2. To be referred to the Reporters or not ?
3. Whether the judgement should be reported in the Digest ? RAMESHWAR SINGH MALIK, J The present writ petition is directed against the impugned communication dated 25.1.2012 (Annexure P-10), passed by respondent- Board, thereby rejecting the request of the petitioner for carrying out the correction in his date of birth, on the basis of birth certificate (Annexure P-1), issued by the Sub-Registrar, Birth and Deaths, Sonepat.
Facts first.
Petitioner, while studying in South Point Public School, Sonepat- respondent no.3, passed his examination of 12th class. Respondent-school was duly recognised by and affiliated to Central Board of Secondary Education- respondent no.1 and respondent no.2 is the regional office of respondent no.1. The pleaded case of the petitioner is that his date of birth in the certificate, issued by respondent-board, was incorrectly recorded as 10.6.1993, whereas his correct date of birth, as per the birth certificate (Annexure P-1), issued by the Sub-Registrar, Births and Deaths, Sonepat, was correctly recorded as 10.6.1992. Petitioner got issued his birth certificate (Annexure P-1) from the office of Sub-Registrar, Births and Deaths, Sonepat, for the purpose of applying for the passport. From the certificate (Annexure P-1), petitioner came to know that his date of birth was incorrectly recorded in the school record as 10.6.1993 instead of 10.6.1992. Faced with this situation, petitioner applied to the respondent authorities for correction of his date of birth, to be in accordance with the birth certificate (Annexure P-1). The Principal of respondent-school, vide his letter dated 12.1.2011 (Annexure P-3), forwarded all the relevant documents of the petitioner, available in the school record, to respondent no.2, vide Annexures P-4 to P-8. Respondent no.2, vide communication dated 24.5.2011 (Annexure P-2) sought certain information from the petitioner, including the birth certificate issued by the Municipal corporation or Registrar, Births and Deaths. In response to the communication (Annexure P-2), all the documents sought by respondent no.2 were supplied. However, when no action was being taken by the respondent authorities, an application under Right to Information Act, 2005 was moved to respondent no.2 on 24.10.2011, which was replied vide communication dated 11.11.2011 (Annexure P-9), informing the father of the petitioner, that the case of the petitioner has been forwarded to respondent no.1, for approval of competent authority of the board. Thereafter, father of the petitioner was informed under the Right to Information Act, vide impugned communication dated 25.1.2012 (Annexure P-10), that the competent authority of the respondent-board has rejected the case of the petitioner, for correction in the date of birth, as it was not permissible as per rules of examination bye-laws of the Board.
A combined reading of the pleadings of the parties would show that correctness, genuineness or authenticity of the birth certificate (Annexure P-1), has not been doubted by the respondent-board. The facts of the case are hardly in dispute. Specifically pleaded and undisputed case of the petitioner is that, when he was intending to apply for the passport, he got issued the birth certificate (Annexure P-1), from the office of Sub-Registrar, Births and Deaths, Sonepat. From the birth certificate (Annexure P-1), it came to the notice of the petitioner that his date of birth has been wrongly recorded in the school record, which in turn, came to be recorded as such in his detailed marks card of the 12th class, issued by the respondent-board.
respect of Sh. Om Parkash, H.No.1565/31, Chotu Ram Colony, Gohana Road, Sonepat (Haryana) regarding correction in Date of Birth in respect of his son Master Parveen Malik, Roll No.2153434-2009.
The competent Authority of the Board has rejected your case because Correction in Date of Birth on the basis of Date of Birth Certificate is not permissible as per rules of Examination Bye-laws of the Board. This is for your information.