Rahul Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16974 of 2016 =========================================================== Rahul Kumar S/o Sri Ganauri Prasad, resident of Mohalla- Saidpura, P.O. & P.S.- Khagaul, District- Patna, Pin Code- 801105.

.... .... Petitioner

Versus

1. The Union of India, through the Principal Secretary, Human Resource Development Department, New Delhi.

2. The Central Board of Secondary Education, thorugh its Chairman, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi.

3. The Chairman, Central Board of Secondary Education, Delhi.

4. The Regional Officer, CBSE, Bihar & Jharkhand, Regional office, Bailey Road, Patna.

5. The Principal, Park Mount Public School, Station Road, Neora (Danapur), Patna-801113.

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

For the Petitioner/s : Mr. Lakmesh Marvind For the Respondent/s : Mr. S.D SANJAY (ADDL. SOC. GEN.) =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 19-12-2016 Annexure-5 is the order of rejection passed by CBSE refusing to correct the date of birth of the petitioner from 01.01.1900 to 31.07.1998 on the ground that it is time barred.

2. Despite the mistake being so glaring, which was never noticed by any authority, by itself, is a good ground for this Court to quash Annexure-5. How can a student born on 01.01.1900 be still alive or could be permitted to participate in the examination by CBSE and even issued a certification showing the date of birth of the petitioner as 01.01.1900. The event shows the farcical manner in which such certificates are issued even by CBSE.

Patna High Court CWJC No.16974 of 2016 dt.19-12-2016 2 / 2

3. Since by no logic, a student born on 01.01.1900 would be still alive and will be to pass 10th examination in the 21st century, therefore, Annexure-5 is quashed. The authorities of the CBSE are directed to correct the date of birth of the petitioner in terms of the details so furnished in Annexure-6 forwarded by the school in question, within a period of eight weeks of the date of production of a copy of this order.

4. Writ is allowed.

(Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.12.2016 Transmission Date NA