Pranil Vahin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4883 of 2020 ====================================================== Pranil Vahin Son of Kanhaiya Kumar Singh Residing at House of LateJagdish Tiwari, House No. 1, Road No. 12-D, West Anandpuri, Boring Canal Road, S.K. Puri, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar, Patna. 2.

The Chairperson The Central Board of Secondary Education Delhi. 3.

The Regional Officer The Central Board of Secondary Education, Patna Region, Patna.

4.

The Principal Jagat Mission Senior Secondary School, Khagaul, Patna, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Ram Vinay Prasad Singh, AC to GA XII For Respondent 3 :

Mr. V.K. Tripathy, Adv.

For Respondent 4 :

Mr. Kunal Tiwari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-12-2022 Heard the parties.

The present petition has been filed by the petitioner seeking change of date of birth in the secondary education certificate issued by the Central Board of Secondary Education. It is submitted that the petitioner's date of birth is 05.10.2000 while it has been wrongly recorded as 5th July, 1997. Learned counsel for the petitioner submits that the petitioner school leaving certificate issued by the St. Dominic Savio's High School, Patna, mentions date of birth as 05.10.2000 where he had taken admission in Class XI.

Patna High Court CWJC No.4883 of 2020(4) dt.21-12-2022 2/3 Notices were issued in this case and the respondents no. 4, Jagat Mission Senior Secondary School, Khagaul, Patna, has filed its reply pointing out that the petitioner was admitted in the school in 2006 and the date of birth mentioned in the said admission form mentions 05.07.1997. The same date of birth has been recorded in the Central Board of Secondary Education admission card issued to the petitioner for appearing in the Board examination which was not objected by the petitioner. The date of birth recorded in the Board certificate is also 05.07.1997.

It appears that the petitioner after having got his date of birth recorded as 05.07.1997 in his Class X Board examination changed his date of birth as 05.10.2000 while getting admission in Class XI without any basis and has filed this application relying upon such admission in Class XI. It is also settled that the date of birth as recorded in Class X Board examination is sacrosanct and the same can only be changed/corrected by the Board, if it is found that there has been error at the level of the school where the child was studied prior to appearing in Class X examination.

Taking note of the reply filed by the concerned school where the petitioner studied before appearing in Class X Board

Patna High Court CWJC No.4883 of 2020(4) dt.21-12-2022 3/3 examination, no correction is required to be made by the Central Board of Secondary Education.

The writ petition is devoid of merit and, accordingly, dismissed.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 2 U