The Delhi High Court directed CBSE to update a student’s birth records, emphasizing that every citizen has the right to accurate and truthful information on official documents. The order ensures correct legal documentation for individuals.
New Delhi: The Delhi High Court emphasized the “presumption of correctness” associated with official birth certificates and directed the CBSE to amend a student’s records.
A bench of Justices Subramonium Prasad and Harish V Shankar highlighted the imminent need to ensure that all official documents align with one another, as this not only affirms the accuracy of public records but also safeguards a citizen’s identity, with the date of birth being a critical aspect.
The court stated,
“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.”
This observation was made while dismissing the CBSE’s appeal against a single judge’s order to correct a student’s date of birth in certificates issued in 1999.
The bench noted,
“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 this case, the bench found no valid reason for the CBSE to ignore the official birth certificate.
It added,
“Accordingly, the board is expected to take due notice of such statutory public documents and effect consequential corrections in the records of the appellant,”
The judges asserted that a citizen has the right to an accurate account of all necessary details in their public documents, considering the matriculation certificate as “unassailable proof of date of birth.”
The respondent sought to correct the CBSE certificates based on a birth certificate issued by the Greater Chennai Corporation.
In its ruling on June 4, the court observed that there was no challenge to the authenticity of the birth certificate. It noted that any discrepancies between the CBSE records and the respondent’s corrected passport could raise important doubts for anyone evaluating her for employment, immigration, or other purposes.
The CBSE contended that the request for rectification was submitted beyond the allowable timeframe according to examination bye-laws, and that it had not maintained records after more than 10 years.
The single judge indicated that the incorrect date of birth in the CBSE records did not appear to be a clerical or typographical error, but rather a genuine mistake.
Ultimately, the court found no fault in the single judge’s decision and rejected the CBSE’s appeal.
Counsel included Mr. M.A. Niyazi, Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, Mr. Arquam Ali, and Ms. Nohmat Sethi represented the Appellant.
Mr. Rony O. John and Mr. Arshdeep Singh Represented the Respondents.
Case Title: CENTRAL BOARD OF SECONDARY EDUCATION v. PREMA EVELYN D CRUZ AND ANR
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