Who's responsible for wrong dob in 10th certificate
Guest
(Querist) 06 November 2014
This query is : Resolved
i work as a teacher in a girls' govt school under delhi administration.
one of my students who had been under me since 2011 is now in class 11th.when she was in class 9th,i had sent all my students' names (including hers)to CBSE office for registartion.her parents' names,her DOB and her own name. spellings were checked by me for accuracy,by referring to her old documents which she had presented to school while seeking admission.
by mistake i entered wrong DOB before sending her details to CBSE.
still she signed some papers which mentioned all the above details,including her DOB.her signature implied that she regards her details correct.it's mandatory to take these signatures before sending these details to CBSE office.
next year again,when she was in class 10th her detials were shown to her which she signed again before approving them.if any correction was needed it cud have been done only if she had pointed out any error.
so,twice,she approved of her DOB by signing without checking it.
few months later she even got CBSE registration card which mentioned wrong DOB.at that time also she did not point out this error.
Now when she passed her 10th exam,she noticed the incorrect DOB in her 10th certificate.suddenly she woke up to this error,which she had been ignoring till now..
now does the onus of this mistake lie on me??my colleagues say that DOB change in 10th certificate will cost money which i should pay to CBSE,otherwise it can cause legal action from parents ON ME.her parents say its my fault.was it not the girl's fault to keep signing papers 2 times in class 9th and 10th and wake up to this blunder only now.should the girl and her parents not take responsibility of getting DOB changed by visiting CBSE office themselves ?can i be forced to pay CBSE fees for DOB correction?
if teachers are to be blamed for each and everything,then why are students signatures taken for approval?please advise me legally
Devajyoti Barman
(Expert) 07 November 2014
If the Form is filled up by you wrongly then certainly you are responsible. But this does not mean that you would be punished or penalsied for this.
Nothing to worry. let her apply for change of DOB.
Sudhir Kumar, Advocate
(Expert) 07 November 2014
Who initiated the error?
Merely if the parents/student has approved the erroneous entry that does not mean that you committed no error.
You cannot be forced to bear the expenditure even if the complaint made by parents costs dent in your career.
Sudhir Kumar, Advocate
(Expert) 07 November 2014
repeated
http://www.lawyersclubindia.com/experts/Who-s-responsible-for-wrong-dob-in-10th-certificate-506091.asp
Sudhir Kumar, Advocate
(Expert) 07 November 2014
repeated
http://www.lawyersclubindia.com/experts/Who-s-responsible-for-wrong-dob-in-10th-certificate-506086.asp
R.K Nanda
(Expert) 07 November 2014
Repeated query.
malipeddi jaggarao
(Expert) 07 November 2014
@Mr.Sudhir Kumarji - It appears out of anxiety she might have posted the same query many times, but at the same time (period). Hence let us reply.
The question is who is responsible for the mistake. Certainly it is "you" as you have filled the wrong DOB.
Your plea that she has signed the forms filled-in by you more than once, she is supposed to verify the correctness of information is no relevance. No student would expect that his/her teacher fills-up the form wrongly. Almost all of them sign blindly. Hence do not adopt defence tactics.
But you have not filled-in the form entering the wrong dob willfully. It is by mistake and due to oversight/error. In the first para I have anwswered your initial query "who is responsible". But you will not be asked to reimburse the expenses or not penalised for this error. If the parents ask you to reimburse, you can politely refuse stating that it is not intentionally entered, it is a mistake of error hence you will not bear the expenses.
In discharging our professional duties many errors may creep-in unknowingly. Why do worry? You simply forget about the issue and take this issue out of your mind.
Guest
(Expert) 07 November 2014
Better be ethical, take responsibility and accept the mistake, get the DOB rectified in whatever manner you can, as the career of the child would be at stake for her whole life.
Guest
(Expert) 07 November 2014
Jaggarao ji,
In his case, who cares for solution. His aim seems to be how to earn 5 to 10 times scores on each query to get his place rise ahead of all.
Sudhir Kumar, Advocate
(Expert) 07 November 2014
I am sorry for participating in this thread without permission of Mr Dhingra.
Luckily our views are same.
Guest
(Expert) 08 November 2014
Mr. Sudhir Kumar,
Have you ever been getting permission of anyone when you had been splitting your answer 6-7 times in reply to a single question of the querists. Now also, where is the question of permission of anyone?
Just see and review what contribution or solution you have made in the thread.
You made 4 posts in continuation but with no solution. Your first post is quite contradictory. On one hand you ask, "Who initiated the error?" and "Merely if the parents/student has approved the erroneous entry that does not mean that you committed no error," which reveal that you consider the teacher at fault. Contrarily, in the same post you have stated in her favour, stating, "You cannot be forced to bear the expenditure even if the complaint made by parents costs dent in your career." The question arises, would the parents be made liable to bear the cost for the serious lapse on the part of the teacher, as that wrong date can hamer the career of the child for her whole life. Wherever she applies for job, for passport, for other legal documents, everywhere doubts would arise about the integrity of the child when DOB would differ in birth certificate and the educational certificate.
In the second post you have asked, "Is it Govt school," as if on receipt of information the position would change if it is Government school or private school. The question arises, when you had second thought with some doubt in mind, what was the logic in posting your first reply that too with contradiction?
In 3rd and 4th posts, you have merely stated, "repeated." The question arises, when you have already replied the thread, what could be the difference for you if the question was repeated or not and what purpose do you feel to have been served in pointing out whether the question was repeated or or not?
In fact, you have not provided any solution in any of your four posts. So anyone can guess that you merely intended to show repeated presence in the thread just for earning scores, irrespective of whether the quesrist gets solution to her problem or not.
YOU ARE WRONG TO STATE THAT OUR VIEWS ARE SAME. Our views are not the same. You have scuttled down first part of your reply by your contradictory second part of the same, while I have catagorically stated that she is liable to bear with the consequences, not anyone else. Rather, bearing with the cost would be far cheaper for her than facing the disciplinary action for her serious mistake.
Sudhir Kumar, Advocate
(Expert) 08 November 2014
You are Delhi Govt employee and bound by CCS(Conduct) Rules under which a Government servant is under obligation to maintain devotion to duty and you have failed to observe so so you are liable for disciplinary action.
You feel that you are having a big defence. Infact you have only a feeble defence (rather no defence). Signature/approval of minor child has no bearing as it is well know that a student carries little discretion to point out the error of a teacher.
It is you and you alone who has created and error.
You seem to be just not realising if disciplinary action is taken the following can be punishment:-
(i) Censure
(ii) stoppage of increment
(iii) stoppage of promotion (including MACP)
(iv) reduction to lower stage of pay
(v) reduction to lower rank (or lower pay scale i.e. withdrawal of MACP)
(vi) compulsory retirement
(vii) removal from service
(viii)dismissal from service.
In case you are holding a post of TGT/PGT the penalty from (i) to (iv) can be awarded by the Dy Director himself. For remaining penalties the procedure can be started by started byh Dy Director and can be referred to Director of Education for final decision.
If you retire during the proceeding the terminal benefits will nto be released.
If you are under probation [new appointment or new promotion] during the proceedings the probation may not be cleared and if the proceedings overshoot the maximum extention admissible then you leave the present post.
In addition if your Principal is worth the salary she is drawing must record this fact in your ACR which renders you unfit for promotion/MACP for the next five years. This entry will be a hurdle in clearing probation.
Failure of the Principal to take action against you renders herself liable for disciplinary action as mentioned above on the charge of lack of supervision.
So better resolve the matter amicably instead of annoying the parents.
Putting query after query on this forum is not going to help at all.
Sudhir Kumar, Advocate
(Expert) 08 November 2014
Mr Ramachery has described simple procedure on
http://www.lawyersclubindia.com/forum/Who-is-responsible-for-correcting-dob-in-class-x-certif--112000.asp#.VF2KXmeO5G0
T. Kalaiselvan, Advocate
(Expert) 10 November 2014
Expert Mr. Dhingra's advise to the author suggesting her to rectify the mistake by any manner without making any more fuss about the issue is more proper and suitable, now it is the author to decide about arriving at an amicable situation or else, expert Mr. Sudhir Kumar has given a list of probable punishments, which can be initiated by the authorities.
