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1 - 4 of 4 (0.28 seconds)Karamjeet Kaur vs Central Board Of Secondary Education on 13 July, 2015
It is
stated that no change in the date of birth once recorded in the board's record
CS No.: 305/20 Page 4 of 12
shall be made. The application for correction in date of birth duly forwarded
by the Head of School along-with documents mentioned in the bye-laws
69.3(iii) shall be entertained by the Board only within five years of the date of
declaration of result. No correction whatsoever shall be made on the
application submitted after the said period of five years. Ld. Counsel for the
defendant relied upon the judgment of Hon'ble High Court of Delhi in
"Paramjeet Kaur Vs. CBSE" WP(C) 3484/2008. It is further stated that
plaintiff has filed the present suit without any cause of action and as such, the
same is liable to be dismissed under Order VII Rule 11 CPC.
Ms. Jigya Yadav (Minor) (Through ... vs Central Board Of Secondary Education ... on 20 December, 2010
13. Both these issues are interconnected, hence this Court shall discuss and
decide them together. The onus to prove both these issues was upon the
defendant. I am not satisfied with the argument of Ld. Counsel for the
defendant that suit is liable to be rejected under Order VII Rule 11 CPC for
not having any cause of action. As per 2018 amendment of the CBSE
examination bye-laws, correction in date of birth is permitted as per school
records and as per Court orders. The same is permitted within five years of
declaration of result. In the present case, plaintiff passed the secondary
school examination of CBSE in the year 2013. However, the Hon'ble
Supreme Court of India in "Jigya Yadav (Minor) Vs. CBSE & Ors." Civil
Appeal No.3905/2011 passed on 03.06.2021, directed the defendant/CBSE to
CS No.: 305/20 Page 7 of 12
amend the examination bye-laws, however, same is not amended till date. So,
there is cause of action against the defendant. So, both the issues are decided
in favour of the plaintiff and against the defendant.
Issue no.3 & 4
Section 35 in The Indian Evidence Act, 1872 [Entire Act]
1