Mr. Manan v. Central Board Of Secondary Education

$~104 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7370/2026 MR. MANAN .....Petitioner Through:

Mr. Gaurav Arora, Adv.

versus CENTRAL BOARD OF SECONDARY EDUCATION .....Respondent Through:

Mr. Anubhav Aggarwal, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 25.05.2026 1.

This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- "a. Issue writ of mandamus and appropriate writ / direction thereby directing the Respondent to issue a fresh Xth MarkSheet to the Petitioner recording Petitioner's date of birth as 13.05.2008 in place of 28.03.2008; and b. Issue an appropriate writ of Mandamus or any other appropriate Writ or Direction directing Respondent to correct in the records Petitioner's date of birth as 13.05.2008 for all future purpose and intent; . . ." 2.

The case of the petitioner is that the petitioner was born on 13.05.2008 and at the time of his school admission his grandfather by error recorded his date of birth in the school records as 28.03.2008 in place of 13.05.2008. Thereafter, petitioner appeared in the Class Xth Board Examination and the mark sheet reflects his date of birth as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

28.03.2008. Later, the petitioner appeared in the Class XII Board Examination and the respondent/CBSE has uploaded his mark sheet. 3.

The petitioner's parents approached the respondent/CBSE requesting correction of his date of birth to 13.05.2008, however, no actions have been taken.

4.

Hence, the present petition.

5.

The learned counsel for the petitioner has drawn my attention to the Birth Certificate of the petitioner issued by the MCD which records the date of birth as 13.05.2008. However, inadvertently the Class Xth certificate shows the date of birth of the petitioner as 28.03.2008. 6.

For the said reasons, issue notice to the respondent. 7.

The learned proxy counsel for the respondent, on instructions, states that St. Xavier's School should be impleaded as a proper and necessary party as the correction needs to be made at the school level. 8.

However, in view of the urgency and in view of the fact that the petitioner is to apply for college admissions and the wrong date of birth will create problems, I am inclined to take up the present petition for hearing today.

9.

Firstly, Annexure P-1 (annexed with the petition), which is the Birth Certificate of the petitioner shows the date of birth of the petitioner as 13.05.2008. Even, the petitioner's Aadhaar Card (Annexure P-2, annexed with the petition) show the date of birth as 13.05.2008. 10.

Secondly, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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."

11.

In view of the above, the present petition is allowed and the date of birth of the petitioner shall be corrected and record 13.05.2008 in the respondent/CBSE records and school records. The petitioner shall submit requisite documents with the CBSE along with copy of the order within 1 week from the date of uploading of the order and the respondent/CBSE shall do the needful within 1 week thereafter. 12.

With the aforesaid directions, the present petition is disposed of. JASMEET SINGH, J MAY 25, 2026 / (MS) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.