Shayan Amir vs Cbse & Ors.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on:27.04.2026
Judgment pronounced on:05.05.2026
+ W.P.(C) NO. 5617/2026
SHAYAN AMIR ...Petitioner
Through: Mr Faiyaz Hasan, Mr. Nadeem
Khan, Advs.
versus
CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) & ORS.
...Respondent
Through: Mr. M.A. Niyazi Adv. SC for
CBSE with Ms. Anamika Ghai Niyazi.
Ms. Kirti Bharadwaj Adv., Ms. Nehmat
Sethi Adv., Mr. Adnan Naqash Adv. for
R-1.
Adv. Siddhant Nath (Standing Counsel
MCD), Adv. Bhavishya Makhija, Adv.
Amaan Khan, Advs. for R-2.
Mr. Puneet Mittal, Senior Advocate with
Ms. Sakshi Mendiratta, Advocate for R-
3.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
J U D G M E N T
Digitally Signed
By:MAYANK
Signing Date:05.05.2026
17:02:07
W.P. (C) No. 5617/2026 Page 1 of 6

1. By way of this writ petition, the petitioner has approached this Court to
seek directions against the respondent No. 1 i.e., Central Board of
Secondary Education (“CBSE”) to correct the date of birth of the petitioner
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in the Class X Certificate from 01.10.2003 to 01.10.2002.
BRIEF FACTUAL BACKGROUND AS PER THE PETITIONER
2. The petitioner was born on 01.10.2002 at Holy Family Hospital, New Delhi
and his father applied for the issuance of the birth certificate from the
respondent No. 2/MCD, which was duly issued showing the date of birth of
the petitioner as 01.10.2002.
3. The petitioner was issued a birth certificate by the Government of State of
Uttar Pradesh erroneously mentioning his date of birth as 01.10.2003, on
the basis of which the petitioner’s uncle admitted him to Delhi Public
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School, GBN Noida, and subsequently the petitioner appeared for Class X
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Examination conducted by the respondent No. 1, and in the Class X
certificate the date of birth of the petitioner was recorded as 01.10.2003.
4. Recently, the petitioner applied for the issuance of a passport which was
rejected on the ground that the petitioner is already having a valid passport
in his name bearing date of birth 01.10.2003. The said passport being non
traceable by the petitioner, he lodged a complaint in the P.S. Jamia Nagar
regarding his missing passport. Consequently, a new passport bearing
correct date of birth 01.10.2002 was issued to the petitioner by the
competent authority.
5. The petitioner then made representations before the respondent No. 3 for
correction of his date of birth but to no avail. Hence, the present petition
has been filed.
SUBMISSIONS OF BEHALF OF THE PETITIONER
Digitally Signed
By:MAYANK
Signing Date:05.05.2026
17:02:07
W.P. (C) No. 5617/2026 Page 2 of 6

6. Mr. Hasan, learned Counsel for the petitioner submits that this Hon’ble
Court has granted relief in a similar matter bearing W.P. (C) No.
6554/2023, titled as “Nisha Ray v. CBSE” and the petitioner in the present
petition is also similarly situated and seeking same relief of correction of
date of birth.
7. He also states that there is no reason for the respondents to not
acknowledge and make corrections in accordance with the public
documents duly relied upon by the petitioner. No prejudice will be caused
to the respondents by the requisite change sought vide the present petition.
SUBMISSIONS OF BEHALF OF THE RESPONDENT NO. 1
8. Mr. Niyazi, learned counsel for the respondent No. 1, raises an objection
that the relief sought by the petitioner is barred by limitation as the
petitioner has filed the same with inordinate delay and thus, the relief
sought cannot be granted.
9. He also states that, the petitioner in the present case is having two valid
birth certificates issued by competent authorities bearing different date of
births i.e., 01.10.2002 and 01.10.2003.
ANALYSIS AND FINDINGS

10. I have heard the learned counsel for the parties and perused the documents
placed on record.
11. In the present case, Mr. Hasan, learned counsel, has duly drawn my
attention to the Annexure P-2 of the petition which is a birth certificate
issued by the Municipal Corporation of Delhi, Government of National
Capital Territory of Delhi under Section 12 & 17 of the Registration of
Births and Deaths Act, 1969 showing the date of birth of the petitioner as
01.10.2002.
Digitally Signed
By:MAYANK
Signing Date:05.05.2026
17:02:07
W.P. (C) No. 5617/2026 Page 3 of 6

12. Additionally, he has also drawn my attention to the Aadhaar Card
(Annexure P-1) and fresh passport bearing No. AM470390 (Annexure P-7)
issued by competent government authorities showing the date of birth of
the petitioner as 01.10.2002.
13. Mr. Niyazi, learned counsel for the respondent No. 1, states that the relief
sought by the petitioner is barred by limitation. This controversy is settled
by the Hon’ble Division Bench of this Court in its judgment titled Central
Board of Secondary Education v. Prema Evelyn D Cruz and Anr. passed
in LPA 171/2023, wherein the record was directed to be corrected after a
lapse of 22 years. Paragraph Nos. 17, 18 ad 24 of the said judgment are
relevant and read as under:-
“17. Upon a careful reading of the above extracted
paragraphs, it is evident that public documents, such as an
official birth certificate issued by the competent authority,
carry a statutory presumption of correctness under the law.
In the present case, there exists no cogent reason for the
Board to disregard the said document. Accordingly, the
Board is expected to take due notice of such statutory public
documents and effect consequential corrections in the
records of the Appellant.
18. In fact, the Hon’ble Supreme Court states that these
documents would be in the nature of foundational
documents and to safeguard it, the CBSE is permitted to call
upon the person seeking such a change to fulfill certain
further formalities which could be in the nature of a sworn
affidavit making the necessary declaration and also
indemnifying the Board, surrendering any earlier
Digitally Signed
By:MAYANK
Signing Date:05.05.2026
17:02:07
W.P. (C) No. 5617/2026 Page 4 of 6

documents pertaining to or making a reference to the
information that is now sought to be corrected, etc.
…
24. This Court fails to understand the vehemence with which
the matter is being opposed. A citizen of this Country is
entitled to a true and correct narration of all necessary and
relevant particulars in the public documents that pertain to
them. The CBSE is a record keeper of considerable
importance, as has been elaborated by the Hon’ble Supreme
Court in Jigya Yadav (supra) as well as by the learned
Single Judge. The matriculation certificate of a person is
considered an unassailable proof of date of birth.”
14. Even in the judgement of Jigya Yadav v. CBSE, (2021) 7 SCC 535 , the
Hon’ble Supreme Court has stated that there can only be one Date of Birth.
The petitioner is and should be entitled to make a correction to make the
document consistent with all public documents, namely, Aadhaar Card,
Passport and the Birth Certificate.
15. In case the present petition is not allowed, the petitioner would be having
two date of births, one shown in the Aadhaar Card, Passport bearing No.
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AM470390 and the Birth Certificate, and the other in the Class X
Certificate which is impermissible, contrary to law and cannot be allowed.
16. With respect to the contention raised by Mr. Niyazi that there are two valid
birth certificates issued by competent authorities, I am not inclined to
entertain this objection as the validity of any of the two certificates is not
in question before this Court. The controversy before this Court is limited
to the extent that the petitioner is seeking correction in his date of birth in
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the Class X certificate to make it consistent with the other public
Digitally Signed
By:MAYANK
Signing Date:05.05.2026
17:02:07
W.P. (C) No. 5617/2026 Page 5 of 6

documents issued by government authorities. The date of 01.10.2002 as
stated by the petitioner is consistent with his hospital records and the
public documents namely, Aadhaar Card and Passport, which are
government documents based on valid verification of entries therein and
duly show the date of birth of the petitioner as 01.10.2002.
17. No prejudice in any case of correction of date of birth will be caused to the
respondent No. 1/CBSE or any other respondent. Thus, there is no
impediment in allowing the present petition to make the date of birth of the
petitioner consistent in all of his public records.
CONCLUSION
18. For all the aforesaid reasons, the present petition is allowed and the
respondents are directed to correct the date of birth of the petitioner in the
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Class X certificate from 01.10.2003 to 01.10.2002 to make it consistent
with all the public documents.
19. The petition is disposed of in the aforesaid terms.



JASMEET SINGH, J
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05 MAY, 2026 /SS
Digitally Signed
By:MAYANK
Signing Date:05.05.2026
17:02:07
W.P. (C) No. 5617/2026 Page 6 of 6