HC tells CBSE to rectify student records by updating official DoB
New Delhi:
Delhi High Court
has emphasised the "presumption of correctness" attached to official birth certificates and directed the Central Board of Secondary Education (
CBSE
) to amend a student's academic records accordingly.
A division bench comprising Justices Subramonium Prasad and Harish V Shankar, in a recent order, underlined the "imminent need" to ensure consistency across official documents. This, the court said, not only affirms the accuracy of personal details in public records but also protects a citizen's identity—of which the date of birth is a crucial component.
"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.
CBSE is a record keeper of considerable importance," the court observed, while dismissing CBSE's appeal against a single judge's order to correct the date of birth in certificates issued in 1999.
The bench noted that documents like official birth certifiscates, issued by a competent authority, carry a statutory presumption of correctness under Indian law. It further remarked that CBSE had provided "no cogent reason" to disregard the birth certificate in this case.
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"Accordingly, the Board is expected to take due notice of such statutory public documents and effect consequential corrections in its records," the bench directed.
The court reiterated that the matriculation certificate is widely regarded as "unassailable proof of date of birth", and citizens are entitled to have all public documents reflect accurate and consistent information.
The plea before the court involved a student seeking rectification of her date of birth in CBSE records based on a birth certificate issued by the Greater Chennai Corporation.
The HC noted that the genuineness of the birth certificate had not been disputed. It also observed that discrepancies between CBSE record and other official documents such as the individual's passport could cause serious complications, including for employment or immigration.
In its defense, CBSE argued that the request for correction was filed beyond the time limit prescribed under its examination bye-laws, and that it no longer retained relevant records more than a decade later. However, the single judge had earlier ruled that the incorrect date of birth in the CBSE records appeared to result from a genuine mistake—not a clerical or typographical error.
Finding no fault in that conclusion, the HC upheld the single judge's decision and dismissed the CBSE's appeal.
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