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High Court of DelhiW.P.(C)/4438/2026

Jayakrishnan P U v. Council For The Indian School Certificate Examinations And ANR

2026-04-06Hon'Ble Mr. Justice Jasmeet Singh3 pages

$~104 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4438/2026 JAYAKRISHNAN PU ....Petitioner Through:

Mr.

Pranav Krishna, Ms.

Srishti Mayank, Advs.

versus COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS AND ANR .....Respondents Through:

Mr.

Shoumendu Mukherjee, Mr.

Aniruddha Ghosh, Advs. for R1

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 06.04.2026 1.

This is a writ petition filed under Article 226 read with Article 227 of the Constitution of India seeking the following prayer(s):- "a. Issue a writ of mandamus or any other writ, order, direction or declaration directing the Respondents to expeditiously correct the date of birth of the Petitioner to 19.03.1992 in the ICSE Class 10th Examination Passing Certificate No. TV 8059681 and Statement of Marks No. TV 4926744 with Index No. T/1186/102 and any other document issued by the Respondents and issue such fresh corrected documents...."

2.

The case of the petitioner is that the petitioner was born on 19.03.1992 and his birth was registered with the Registrar of Births and Deaths, Kollam Municipal Corporation under Registration No. 2826/1992. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

In 1998, the petitioner took admission in respondent No. 2 School and due to an inadvertent clerical error, the date of birth was recorded as 20.03.1992 instead of 19.03.1992.

4.

In 2007, the petitioner cleared the ICSE Class 10th Examination conducted by the respondent No. 1. However, the date of birth reflected in Passing Certificate and Statement of Marks recorded incorrect date of birth i.e., 20.03.1992.

5.

It is the case of the petitioner that the Aadhaar Card as well as the Passport issued by the Ministry of External Affairs records the correct date of birth of the petitioner i.e., 19.03.1992 and the petitioner is suffering due to two different date of births.

6.

For the said reasons, issue notice.

7.

Mr. Ghosh, learned counsel accepts notice on behalf of the respondent No. 1, and vehemently opposes the petition. He states that the petitioner has not explained the inordinate delay in approaching the Court Scholar and has slept over the so called mistake in the Class 10th documents. He further states that the petitioner himself recorded the incorrect date of birth with the respondent No. 2 school and the respondent No. 1 is not at fault.

8.

I have heard learned counsel for the parties. 9.

I am unable to agree with the contentions of the respondent No. 1. 10.

Firstly, Annexure P-2 (annexed with the petition), which is the Birth Certificate issued under Section 12/17 of the Registration of Births and Deaths (Amendment) Act, 2023 and rule 8/13 of the Kerala registration of Births and Deaths Rule, 1999 shows the date of birth of the petitioner as 19.03.1992. Further, the Aadhaar Card as well as the Passport (both The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

government documents annexed as Annexure P-4 and Annexure P-5, respectively) shows the date of birth as 19.03.1992. 11.

This Court in its earlier Order dated 11.02.2026 passed in Smt. Nisha Ray v. Central Board of Secondary Education & Anr., W.P.(C) 6554/2023, while relying on Jigya Yadav v. CBSE, (2021) 7 SCC 535 and Central Board of Secondary Education v. Prema Evelyn D Cruz and Anr., LPA 171/2023, made the following observations:- "11. Even in the judgement of Jigya Yadav (supra), the Hon'ble Supreme Court has stated that there can only be one Date of Birth. The petitioner is and should be entitled to make a correction to make the document consistent with all public documents, namely, Adhaar Card, PAN Card and the Birth Certificate.

12. In case the petition is not allowed, the petitioner would be having 2 date of births, one shown in the Adhaar Card, PAN Card and Registration Certificate and the other in the Matriculation Certificate which is impermissible and contrary to law."

12.

In view of the above, the petition is allowed and the date of birth of the petitioner shall be corrected and record as 19.03.1992 instead of 20.03.1992 in the Class 10th documents, within 5 weeks from the date of upload of this Order.

13.

With the aforesaid directions, the present petition is disposed of. JASMEET SINGH, J APRIL 6, 2026/AS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.