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
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-506086.asp
Sudhir Kumar, Advocate
(Expert) 07 November 2014
repeated
http://www.lawyersclubindia.com/experts/Who-s-responsible-for-wrong-dob-in-10th-certificate-506101.asp
R.K Nanda
(Expert) 07 November 2014
Repeated query.
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.
T. Kalaiselvan, Advocate
(Expert) 10 November 2014
Query repeated, the same has been addressed properly by many experts in the previous thread, however for the author's benefit, expert Mr. Sudhir Kumar has repeated his views, which may be of little use to the curiosity of the author posting the same query in different threads repeatedly.
