Chinmay Tiwari v. Central Board Of Secondary Education

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4638 of 2019 Chinmay Tiwari Aged About 17 Years (Minor) Through His Father Mr. Arun Kumar Tiwari R/o Palash, 48, R.K. Nagar Bilaspur, Chhattisgarh. 495001 ---- Petitioner

Versus

Central Board Of Secondary Education Through Regional Officer, Regional Office, 6th Floor, Alok Bharti Building, Saheed Nagar, Bhubaneswar, Odisha 751007.

---- Respondent For Petitioner :

Ms. Monika Singh, Advocate For Respondent :

Mr. T.K. Tiwari, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 17/12/2019

1. The relief sought for by the petitioner in the present writ petition is for the correction of the date of birth in the 10th mark-sheet issued by the respondent.

2. According to the petitioner, he had cleared the 10th board examination in the year 2017 and a certificate was issued whereby his date of birth has been reflected as 30.06.2002. This according to the petitioner is an erroneous date of birth and the actual date of birth is 29.06.2002.

3. The petitioner thereafter has moved an application for correction of the same vide application dated 14.08.2019, which is pending consideration before the respondent.

4. Admittedly, the dispute of correction of date of birth by the respondent/Board can be undertaken, provided the objection is moved within a period of 3 years from the date of issuance of the certificate. The application in the instant case has been moved within

time. So far as the actual date of birth of the petitioner being 29.06.2002 is concerned, the petitioner has produced the birth certificate issued from the statutory authority i.e. the Registrar (Birth and Death) dated 16.11.2002.

5. Given the said facts, this Court is of the opinion that since the application has been filed within time by the petitioner, the respondent may take appropriate steps for correction of the certificate in accordance with the rules governing the field. The petitioner also is directed to ensure that all the original certificates issued, shall be submitted by the petitioner to the respondent/Board, which in turn shall take into account the request in accordance with the documents enclosed by the petitioner establishing his correct date of birth and issue an appropriate revised/amended mark-sheet at the earliest within a period of 3 months from the date the petitioner makes available the original certificates that have been issued to the petitioner. The petitioner at the same time is also expected to comply with all other requisite formalities required for the correction of the date of birth in accordance with the regulations governing the field.

6. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved