Swati Kumari v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14842 of 2019 ====================================================== Swati Kumari Daughter of Satish Kumar Singh Resident of Mohalla- Manshi, P.S.- Manshi, District- Katihar.

... ... Petitioner/s

Versus

1.

The Union of India through its Principal Secretary, Human Resource Department.

2.

The Secretary Central Board of Secondary Education 3.

The Section Officer Central Board of Secondary Education, Bihar, Patna. 4.

The Principal Kendriya Vidyalaya, Katihar.

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate Mr. Priya Ranjan, Advocate Mr. Agreya Pratap, Advocate For the Respondent/s :

Dr. Shobha Choubey, AC to Mr. V.K.Tripathi, Advocate for CBSE ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The petitioner is aggrieved by inaction on the part of the Central Board of Secondary Education in the matter of correction of date of birth of the petitioner. Learned counsel for the petitioner would submit that the petitioner was admitted in Kendriya Vidyalaya, Katihar in STD-III in the year 2003 and in the admission register her date of birth is shown as 5th December, 1995. At the time of registration for the Board examination of Class 10th her date of birth was wrongly entered as 25.12.1995 instead of 5.12.1995.

Patna High Court CWJC No.14842 of 2019(2) dt.23-07-2019 2/3 After passing the examination, she applied for correction in the date of birth in the Marks sheet and Registration Card by filing application on 24.05.2018 before the Regional Officer, CBSE, Patna which has been rejected on 24.1.2019.

Learned counsel for the petitioner submits that the original record of the school indicates that the date of birth of the petitioner is 5.12.1995 and as such it was obligatory on the part of the CBSE to rectify the mistake and correct the date of birth as 5.12.1995 in place of 25.05.1995.

Learned counsel appearing on behalf of the CBSE would submit that the date of birth requires verification of entries made in the school records. Mere statement in the writ petition will not do. The petitioner is required to approach the Kendriya Vidyalaya, Katihar and obtain necessary recommendation along with the record showing date of birth of the petitioner at the time of entry in the school, the certificate issued by the erstwhile school which was the basis of admission in STD-III and other documents duly certified by the Kendriya Vidyalaya, Katihar.

In the aforesaid circumstances, in case the application of the petitioner is duly forwarded by the Kendriya Vidyalaya, Katihar along with the record then in that situation the CBSE

Patna High Court CWJC No.14842 of 2019(2) dt.23-07-2019 3/3 may consider the case of the petitioner for correction of date of birth. Necessary formalities for correction of date of birth as per record of the CBSE may be completed by the petitioner and the Kendriya Vidyalaya, Katihar and thereafter on the recommendation of the Kendriya Vidyalaya, Katihar, necessary decision may be taken by the CBSE at the earliest preferably within a maximum period of 60 days from the date of recommendation of the school in question for correction of date of birth of the petitioner.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U