Stuti Choudhary vs Central Board of Secondary Education and Others

Heard finally with consent of learned Counsel appearing on behalf of both parties. Instant intra-court appeal has been preferred as against decision dated 18.12.2009 of Single Bench dismissing thereby Appellant''s Writ Petition No. 15895/2009 seeking change of date of birth from 11.07.1992 to 27.03.1993 as it was claimed that in the record of Kendriya Vidyalaya date of birth of Appellant was changed from 11.07.1992 to 27.03.1993, and intimation in respect thereto was sent to Central Board of Secondary Education (for short, ''CBSE'') by concerned school that initially date of birth of Appellant was recorded as 11.07.1992 and later on it was changed to 27.03.1993. In spite of that, the CBSE has not considered aforesaid communication and did not change date of birth of Petitioner in the educational record and rejected representation filed by Appellant for change of her date of birth from 11.07.1992 to 27.03.1993 in mark-sheet of secondary examination held by the CBSE.

Stand of Respondents is that correct marksheet has been issued as per record. Action has been taken as per by-law 69.2. No change in date of birth was permissible. School record indicates that date of birth has been recorded as 11.07.1992.

Single Bench has dismissed writ petition by impugned order dated 18.12.2009. Aggrieved thereby, instant intra-court appeal has been preferred.

Shri Anoop Dhand, learned Counsel appearing on behalf of Appellant, has submitted that the school has informed on 01.07.2008 vide Annexure-8 that initially date of birth was mentioned as 11.07.1992 which had been changed to 27.03.1993 in school record. Thus, finding recorded by CBSE that in school record date of birth is mentioned as 11.07.1992 and correction therein cannot be considered as is beyond school records is erroneous. Copy of scholar-register (Annexure-6) has also been placed on record which indicates that date of birth had been changed from 11.07.1992 to 27.03.1993. Thus, order passed by the CBSE deserves to be quashed.

Shri Virendra Lodha, learned Counsel appearing on behalf of Respondents, has supported impugned order and submitted that in view of by-law 69.2, the decision has been taken in accordance with law; no case for interference is made out; this Court cannot enter into disputed question of facts.

After hearing learned Counsel for parties and going through order dated 16.09.2009 (Annexure- 11) passed by the CBSE, it is apparent that there is refusal to change date of birth on the ground that correction in date of birth from 11.07.1992 to 27.03.1993 is beyond school records. Date of birth is mentioned as 11.07.1992. We have read communication dated 01.07.2008 (Annexure-8) and also considered the scholar-register. There had been change made by school in date of birth of Appellant from 11.07.1992 to 27.03.1993, which was required to take into consideration by the CBSE while considering representation preferred by Appellant. That has not been done.

Consequently, order dated 16.09.2009 (Annexure-11) passed by the CBSE is quashed as it does not consider relevant material for reaching the decision. We direct that representation of Appellant be considered in light of communication made and scholar-register. It is open to Appellant to file copy of scholar register etc. before the CBSE within a period of three weeks from today. The CBSE shall consider the same and pass appropriate reasoned order in accordance with law considering record which is placed before it and communication sent by Kendriya Vidyalaya particularly Annexure P8 within a period of three months.

Intra-court appeal is allowed. Impugned order is set-aside. No order as to costs.

Stay application, filed with appeal, also stands disposed of.