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High Court of Punjab and HaryanaCWP/6251/2015dismissed

Pankaj Kumar v. Cbse And ORS

2015-04-06Mr. Justice R.P. Nagrath2 pages

CWP No.6251 of 2015 [ 1 ] ******

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.6251 of 2015 Date of decision:06.04.2015 Pankaj Kumar

...Petitioner

Versus

CBSE and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Mohan S. Thakur, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

The petitioner is aggrieved against the order/communication dated 14.01.2015, declining his prayer for correction of his date of birth in his matriculation certificate.

In brief, the case of the petitioner is that he was born on 13.05.1992. He passed his matriculation from Army School, Yol Cantt., Kangra in the year 2007 and in the matriculation certificate, his date of birth has been wrongly recorded as 31.05.1992 instead of 13.05.1992. It is alleged that the discrepancy in the date of birth came to his notice when he intended to apply for the passport. The petitioner allegedly contacted respondent no.2 for the purpose of correction of his date of birth in the matriculation certificate and served a demand notice on 10.12.2014 but he was informed by the impugned letter that as per Rule 69.2 of the Examination Bye-laws of the Board, no change in the date of birth, once recorded in the Board's records, can be made except for the typographical

CWP No.6251 of 2015 [ 2 ] ****** and other errors provided the said corrections in the school record is also made after the submission of application form for admission to examination to the Board, but the said application has to be duly forwarded by the Head of School to the Board along with the documents, namely, admission form, admission and withdrawal register and duly countersigned transfer certificate of previous school, within five years of the date of declaration of result.

The petitioner made an application to the Principal of his school i.e. respondent no.4 and in reply thereto, it is mentioned that as the result of Class X of the petitioner was declared in the year 2007, therefore, he was advised to get clarification from CBSE authorities whether his application, which is to be forwarded from the school, will be accepted by the CBSE or not because it is almost after the expiry of more than 07 years from declaration of the result of the petitioner. Instead of approaching the CBSE in terms of the advice of the school, the petitioner has filed the present writ petition challenging the letter dated 14.01.2015. Thus, at this stage, the writ petition is pre-mature because the CBSE has not categorically denied the request of the petitioner after the school, from which he had passed his matriculation, has tried to cooperate with him.

Accordingly, the writ petition is dismissed at this stage with liberty to the petitioner to approach the Board again, if so advised, in terms of the letter of the school dated 04.02.2015. April 06, 2015 (Rakesh Kumar Jain) vinod* Judge