Facts
The Petitioner was admitted to St. Columbas School (Respondent No. 1) in Kindergarten in 2014. His date of birth (DOB) was recorded as 23.03.2010 in school records
Source reference: p. 2The Petitioner contends the correct DOB is 23.04.2010, as reflected in his birth certificate, Aadhaar, Passport, and hospital records
Source reference: p. 2The School argued that the admission was granted based on the 23.03.2010 date, which fell within the eligibility window (01.04.2009–31.03.2010), and that a change now would render the initial admission void ab initio
Source reference: p. 4-5CBSE (Respondent No. 2) maintained that as per its Bye-laws, it only corrects DOB to ensure consistency with school records, not to contradict them
Source reference: p. 6Issues
1. Whether a direction can be issued for the correction of date of birth in the records of the CBSE when the same is consistent with the records of the school but inconsistent with other public documents
Source reference: para. 23Law Applied
The Court primarily applied the CBSE Examination Bye-Laws 69.2 and 69.3, which permit DOB corrections based on school records or Court orders
Source reference: para. 24It relied heavily on the Supreme Court precedent Jigya Yadav v. CBSE (2021), which established that CBSE must respect public documents (Birth Certificates, Aadhaar, etc.) as they carry a legal presumption of correctness under Chapter V of the Indian Evidence Act, 1872 (specifically Sections 76, 79, and 80)
Source reference: para. 22, 26The court noted that its discretion to order a correction is not tethered solely to school record consistency if a genuine need is demonstrated via statutory documents
Source reference: para. 25-26Reasoning
The Court observed that while the Petitioner's parents likely furnished an incorrect DOB in 2014 to meet age eligibility criteria for KG, the Petitioner (now in Class XII) has successfully pursued his education for over a decade
Source reference: para. 31-32Applying the Jigya Yadav standard, the Court found that the birth certificate and other public documents consistently support the 23.04.2010 date, and their genuineness was not disputed
Source reference: para. 27-28The Court reasoned that an inconsistency between a Class X certificate and public records would cause "serious impediments" for future college admissions and identity verification
Source reference: para. 34It held that a wrong committed by parents when the child was four years old cannot be attributed to the minor to the extent of declaring his entire education void
Source reference: para. 33Holding
The Court allowed the writ petition, answering the issue in the affirmative.
It directed the School and CBSE to rectify the Petitioner’s DOB to 23.04.2010 in all records and the Class X certificate within four weeks. This was made subject to the payment of an exemplary cost of ₹2,00,000 by the parents to the Delhi High Court Bar Association (DHCBA) for the education of staff children, citing their "unethical means" in initially providing false information
Source reference: para. 35, 37-38Original Court PDF
Master Aarav Giri Through Guardian Mr. Abhishek GirivsSt. Columbas School & Anr.
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