'Citizen Entitled to Correct Public Records': HC Asks CBSE to Amend DOB

While directing the Central Board of Secondary Education (CBSE) to correct the date of birth of a woman in her Class 10 certificate, the Delhi High Court held that a citizen is entitled to a true and correct narration of all necessary and relevant particulars in public documents.

Dismissing an appeal filed by CBSE, a division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar directed to correct the date of birth (DOB)  of the respondent(Prema Evelyn D’Cruz) in her in Class 10 certificate.

Initially, the respondent-Prema Evelyn D’Cruz, had moved to court seeking correction of the same. The matter was first heard by a Single Judge Bench led by Justice Chandra Dhari Singh, who allowed Prema Evelyn D’Cruz’s plea and directed CBSE to correct her date of birth in the Class 10 certificate.

Challenging the said order, CBSE had filed an appeal before the High Court.

According to CBSE, the correction request had been barred by limitation under CBSE Examination Bye-law 69.2(iv), which provides for a 2-year deadline post-Class 10 results for any correction in DOB.

While citing Weeding Out Rules, 1998, CBSE argued that old records are destroyed after 10 years, and therefore, no relevant records exist now. Reliance was further placed on the Apex Court judgment in Jigya Yadav v. CBSE,  wherein the top court had held that Bylaws have legal force.

On the other hand, the respondent had contended that the birth certificate is a statutory document, undisputed and genuine. Highlighting that the error occurred only because an agent had filed her exam form, it was contended that it was a genuine mistake. It was further asserted that other authorities (Passport, Aadhaar, PAN) already reflect the correct DOB.

Weighing the contentions, the court held:

"This Court is of the opinion that in light of the law laid down by the Hon’ble Supreme Court in Jigya Yadav (supra) in the paragraphs as extracted hereinabove, and considering the facts of the present matter, there is no infirmity in the Judgment of the learned Single Judge and the present appeal stands rejected."

The court  asserted that birth certificates have a presumption of correctness under the Indian Evidence Act. Therefore, CBSE is under the obligation to consider valid documents, particularly when other government IDs have been corrected.

Noting that the error had not been typographical but genuine, the court asserted that Bye-law 69.2 is inapplicable here. It highlighted that if CBSE fails to correct it, future prospects and employment of the respondent would be affected.

Accordingly, CBSE’s appeal was dismissed. The court directed it to correct the date of birth in its records and issue a revised certificate.

Case Title: CENTRAL BOARD OF SECONDARY EDUCATION versus PREMA EVELYN D CRUZ AND ANR.