Allahabad High Court

Sri Anuj Dayal, learned counsel for respondent no.5.

2. The present petition has been filed by the petitioner stating that, while appearing in the Class 10th examination, the date of birth was wrongly recorded in his certificates, for which an application was moved for correction.

3. Reliance has been placed by the petitioner upon his school leaving certificate issued by the school where he had studied prior to being shifted to the new school. Reliance has also been placed upon a public document, i.e., the birth certificate issued by the Registrar of Births and Deaths, Ayodhya, on 23.09.2022. Prima facie, there is an inconsistency between the public document, i.e., the birth certificate issued and the school records based upon which the date of birth was recorded.

4. The Hon'ble Supreme Court had the occasion to deal with such a situation in the case of Jigya Yadav v. CBSE, (2021) 7 SCC 535, wherein the Hon'ble Supreme Court has recorded in paragraph nos. 172, 194 and 194.1 as under :-

172. When a student applies to a court of law for prior permission and/or declaration and produces public document(s), the court would enter upon an inquiry wherein the legal presumption would operate in favour of the public document(s) and burden would shift on the party opposing the change to rebut the presumption or oppose the claim on any other ground. The question of genuineness of the document including its contents would be adjudicated in the same inquiry and the court of law would permit the desired change only upon verifying the official records and upon being satisfied of its genuineness. At the same time, the question of justiciability of the requested changes would be considered and only upon being satisfied with the need demonstrated by the student, the court would grant its permission. The said permission can then be placed before the Board along with copy of publication in the Official Gazette and requisite (prescribed) fee (if any). The Board would then have no locus to make further enquiry nor would be required to enter upon any further verification exercise.

194. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like birth certificate, Aadhaar card, election card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate.

194.1. Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing public notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate may contain disclaimer and caption/annotation against the original entry (except in respect of change of name effected in exercise of right to be forgotten) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption/annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten).

5. Considering the fact that the law laid down by the Hon'ble Supreme Court clarifies the manner in which the decision is to be taken by respondent nos.2, 3, and 4 on an application filed by the petitioner for correction of the date of birth, the present petition is disposed of with a direction to respondent no.2 to take a fresh decision on the application filed by the petitioner for change of date of birth in terms of the directions issued by the Hon'ble Supreme Court in the case of Jigya Yadav (supra) and extracted hereinabove. The said decision shall be taken within a period of four weeks from today.

6. It is clarified that this Court has not gone into the merits of the claim of the petitioner at this stage.

7. Sri Anuj Dayal, learned counsel for respondent no.5, has produced the records of the scholar register; however, all these issues are to be considered by respondent no.2 while deciding the application.

8. As the earlier order dated 06.02.2024 does not take into consideration the directions of the Hon'ble Supreme Court in the case of Jigya Yadav (supra), the same is set aside. The fresh order, as directed to be passed, will hold the field with regard to the request of the petitioner. (Pankaj Bhatia, J) Order Date :- 5.8.2025 A.Dewal

Sri Anuj Dayal, learned counsel for respondent no.5.

2. The present petition has been filed by the petitioner stating that, while appearing in the Class 10th examination, the date of birth was wrongly recorded in his certificates, for which an application was moved for correction.

3. Reliance has been placed by the petitioner upon his school leaving certificate issued by the school where he had studied prior to being shifted to the new school. Reliance has also been placed upon a public document, i.e., the birth certificate issued by the Registrar of Births and Deaths, Ayodhya, on 23.09.2022. Prima facie, there is an inconsistency between the public document, i.e., the birth certificate issued and the school records based upon which the date of birth was recorded.

4. The Hon'ble Supreme Court had the occasion to deal with such a situation in the case of Jigya Yadav v. CBSE, (2021) 7 SCC 535, wherein the Hon'ble Supreme Court has recorded in paragraph nos. 172, 194 and 194.1 as under :-

172. When a student applies to a court of law for prior permission and/or declaration and produces public document(s), the court would enter upon an inquiry wherein the legal presumption would operate in favour of the public document(s) and burden would shift on the party opposing the change to rebut the presumption or oppose the claim on any other ground. The question of genuineness of the document including its contents would be adjudicated in the same inquiry and the court of law would permit the desired change only upon verifying the official records and upon being satisfied of its genuineness. At the same time, the question of justiciability of the requested changes would be considered and only upon being satisfied with the need demonstrated by the student, the court would grant its permission. The said permission can then be placed before the Board along with copy of publication in the Official Gazette and requisite (prescribed) fee (if any). The Board would then have no locus to make further enquiry nor would be required to enter upon any further verification exercise.

194. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like birth certificate, Aadhaar card, election card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate.

194.1. Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing public notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate may contain disclaimer and caption/annotation against the original entry (except in respect of change of name effected in exercise of right to be forgotten) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption/annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten).

5. Considering the fact that the law laid down by the Hon'ble Supreme Court clarifies the manner in which the decision is to be taken by respondent nos.2, 3, and 4 on an application filed by the petitioner for correction of the date of birth, the present petition is disposed of with a direction to respondent no.2 to take a fresh decision on the application filed by the petitioner for change of date of birth in terms of the directions issued by the Hon'ble Supreme Court in the case of Jigya Yadav (supra) and extracted hereinabove. The said decision shall be taken within a period of four weeks from today.

6. It is clarified that this Court has not gone into the merits of the claim of the petitioner at this stage.

7. Sri Anuj Dayal, learned counsel for respondent no.5, has produced the records of the scholar register; however, all these issues are to be considered by respondent no.2 while deciding the application.

8. As the earlier order dated 06.02.2024 does not take into consideration the directions of the Hon'ble Supreme Court in the case of Jigya Yadav (supra), the same is set aside. The fresh order, as directed to be passed, will hold the field with regard to the request of the petitioner. (Pankaj Bhatia, J) Order Date :- 5.8.2025 A.Dewal