dob differs in birth certificate and 10th cbse certificate
Satyanarayan
(Querist) 19 June 2012
This query is : Resolved
Dear Experts,
I seek your advice on the issue of Date of birth correction.
The date of birth entered by us at the time of primary schooling which has been carried out till the last of the education. Accordingly, the DOB has been taken in the school leaving certificate as 31.03.1991, is different from Corporation issued (31.08.1990)certificate. We have got it rectified in the State Gazette. It is very difficult to get it changed in the CBSE records and X th marks with corrected version of DOB as 5years set time period is over after completion of Xth Std. Another problem is upto Xth std. we changed three schools.It is becoming a great task to get corrected in all the schools records. Now my child has completed her graduation. Till now we have not paid much attention. Now every where both are required for getting any document to be made like passport, driving license, etc. Not only this, even If my child wants to pursue higher education in the overseas both the certificates are required, wherein the DOB are is different.
In this situation, I want your guidance to proceed ahead. How to nullify the Xth marks list where DOB is different from the corporation issued certificate. We want the records should be made alright so that further problems do not arise. In the net, there are several cases I find, but I have not seen any solutions mentioned by the clients. Is there any way? please suggest.
Regards,
Satya.
Kiran Kumar
(Expert) 19 June 2012
you need to cover every step.
it will be a tiring exercise, but you need to get it done.
ajay sethi
(Expert) 19 June 2012
viii) RULE 69.2 CHANGES IN BOARD’S CERTIFICATE – CHANGE/CORRECTION IN DATE OF BIRTH
AMENDED RULE 69.2(iv): The application for correction in date of birth duly forwarded by the Head of school along with documents mentioned in Byelaws
69.2(iii) shall be entertained by the Board only within two years of the date of declaration of result of Class X examination. No correction whatsoever shall be made on application submitted after the said period of two years.
you ought to have move CBSE within the prescribed period
ajay sethi
(Expert) 19 June 2012
you will have to move high court by means of writ .
ajay sethi
(Expert) 19 June 2012
if you are in gujrat you have to make application to judicial magistrate
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8666 of 2011
=========================================================
NARESHBHAI
BHIKHUBHAI GONDALIA - Petitioner(s)
Versus
DISTRICT
EDUCATION OFFICER & 2 - Respondent(s)
========================================================= Appearance
:
MR
GAURANG R MANAV for
Petitioner
MR RASHESH RINDANI, ASSTT. GOVERNMENT PLEADER for Respondent:1
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 14/07/2011
ORAL ORDER
1. This
petition, under Article 226 of the Constitution of India, has been filed, with the following prayers :
(A) Admit
and Allow this Special Civil Application.
(B) The
Hon'ble Court may be pleased issue a writ of mandamus or an appropriate writ/order under Article 226 of the Constitution of India to direct the Respondent authority to change the Date of Birth in School record and issue a school leaving certificate of corrected date of birth to the petitioner under the provisions of Bombay Primary Education Rules, 1949 Or under the provisions of Gujarat Secondary Education Act, 1972 and Gujarat Secondary Education Regulation, 1974.
OR
in alternatively
The
Hon'ble Court may be pleased to direct/ order concerned JMFC to admit/ Register the application of the petitioner for correction of Date of Birth in School Record as well as in School Leaving Certificate and issue a fresh School Leaving Certificate and further be pleased to decide the application within the stipulated time as may be directed by this Hon'ble High Court.
(C) This
Hon'ble Court may be pleased to be pass an order, direction to the respondent in favour of the present petitioner.
(D) Your
Lordship may be pleased to grant kindly any such other and further order/s or relief/s as deemed fit, just and proper in the interest of justice.
2. Heard
Mr.Gaurang R. Manav, learned advocate for the petitioner and Mr.Rashesh Rindani, learned Assistant Government Pleader for respondent No.1, who has appeared on supply of an advance copy of the petition.
3. The
grievance of the petitioner, as voiced in the petition, is that respondents Nos.1 and 2, who are Principals of the Schools attended by the petitioner previously, are not correcting his date of birth in the General Register of the school records. According to the petitioner, the correct date of birth is 01.03.1984 whereas it has been mistakenly recorded in the School Register as 19.06.1983. it is the case of the petitioner that he was admitted in the first standard in the respondent No.1 - School where, at the time of admission, the date of birth had been incorrectly recored in the General Register. The petitioner thereafter changed the school and was admitted to respondent No.2 - School, in the year 1999, and passed out from the said school, in the year 2001. The School Leaving Certificate of the petitioner also mentions the date of birth as 19.06.1983, which, according to the petitioner, is not correct. The petitioner made applications to both the schools and also to the District Education Officer with necessary documents, but no action has been taken thereupon till date. The petitioner then approached the learned Judicial Magistrate, First Class, Amreli, under the provisions of the Bombay Primary Education Rules, 1948, the Gujarat Secondary Education Act, 1972, and the Gujarat Secondary Education Rules, 1974, for correction of the date of birth in the General Register of the School and School Leaving Certificate. However, the learned Judicial Magistrate, First Class, did not accept the application of the petitioner on the ground that he had no power or jurisdiction to issue directions to the respondent-authorities in this regard. Aggrieved thereby, the petitioner has approached this Court by filing the present petition.
4. During
the Course of hearing, the learned counsel for the petitioner has brought to the notice of this Court a judgment of the Division Bench in Regional Passport Officer Vs. Kokilaben W/o. Jaswantlal Panchal & Ors. reported in 2009 (2) G.L.R. 1246, wherein it has been held as under :
"9. We
may indicate that Registration of Births and Deaths Act, 1969 was enacted to provide for births and deaths and matters connected therewith, which came into force with effect from 1.4.1970. Chapter 3 of the Act provides for registration of births and deaths and Section 13 is pertaining to delayed registration of births and deaths. Sub-section (3) of Section 13 empowers a Magistrate of the First Class to pass an order in case if birth or death is not registered within one year by its occurrence. Initial registration of births and deaths within a period of one year remain with the authority as provided under sub-section (1) and sub-section (2) of Section 13 of the Act. Section 15 of the Act deals with correction or cancellation of entries in the register of Births and Deaths. Section 15 of the Act, read with Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 provides for detailed procedure to be followed. It says where it is proved to the satisfaction of the registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be or cancel the entry by suitable entry in original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. Thus, it is clear that if it is proved to the satisfaction of the Registrar that entry being erroneous in the register of births and deaths, and it has been fraudulently or improperly made, he can make a report giving necessary details to the officer authorised by the Chief Registrar by general or special order in this behalf under Section 25 of the Act and on hearing from him, take necessary action in the matter. Learned Single Judge of this Court in Nitaben Nareshbhai Patel Vs. State of Gujarat - 2008 (1) G.L.R 884 elaborately considered the scope of above mentioned provisions, and the learned Single Judge also examined at length the provisions of Gujarat Secondary Education Act, 1972 and Gujarat
Secondary Education Regulation, 1974. With regard to the change of date of birth entered in the school record, referring to Regulation 12(A), it was stated that if the student has actually left the school, no change can be effected in the record of the school. For making a
change in the name, as provided under Regulation 12(5)(1), an application in prescribed proforma with certain documents as narrated in Regulation 5(1)(A) to (D) are required to be submitted. Regulation 12(6) deals with correction of date of birth, which is permissible only when student is studying in the school, and thereafter it can be corrected by the concerned Magistrate of First Class, upon proof of correct birth date.
10. Reference
may also be made to the order passed by the Division Bench of this Court in Letters Patent Appeal No. 699 of 2003 in Special Civil Application No. 8122 of 2003, decided on 11.8.2003 (unreported). In Minor Jagdishbhai Prabhatbhai Gohil Vs. State of Gujarat and others, referring to Gujarat Secondary Education Regulation, this Court took the view that the only remedy available to the party with regard to correction of date of birth/place of birth is to approach the authority for redressal of his grievance as provided under Section 13 of the Act.
11. The
above discussion would amply show that for carrying out correction of date of birth or place of birth or name, powers have been conferred under the Act on the Registrar as well as the Judicial Magistrate, as the case may be, and also Magistrate First Class when the correction is sought to be made in school record, which is governed by Gujarat Secondary Education Act, 1972 and Regulation framed thereunder."
5. Having
heard the learned advocates for the respective parties, and in view of the observations made by the Division Bench of this Court in the above-quoted judgment, and as the petitioner has actually left the school, the date of birth can only be corrected by the concerned Magistrate of the First Class, upon proof of correct date of birth.
6. For
the above stated reasons, the following directions are issued:-
The
petitioner shall present the application for correction of his date of birth in the School Register/ Records to the learned Judicial Magistrate First Class, Amreli, who shall decide the same as per provisions of law applicable, as expeditiously as possible and preferably within a period of three months from the date of receipt of a copy of this order.
The
petition is disposed of, in the above terms.
Direct
Service of this order is permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)
.
Satyanarayan
(Querist) 19 June 2012
i am from delhi, can my child get the passport(because in passport they ask for BC as the age proof) before this HC ruling?
and is there another way out i.e. to get another BC with date as on the cbse certificate or will it mess up the whole situation
Satyanarayan
(Querist) 19 June 2012
P.S. Thanks for the reply
ajay sethi
(Expert) 19 June 2012
for passport they generally ask for school leaving certificate . contact a local lawyer . if you want correction in cbse certificate move court by means of writ .
