Page No.# 1/6 GAHC010241842023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6391/2023 MD. MOBIN ALI @ MOBIN ALI S/O MD. LATIF ALI, R/O VILL-RANGHAR CHARIALI, HATIKUKH, P.O.- DHULIAPAR, P.S.-SIVASAGAR, DIST-SIVASAGAR, ASSAM, PIN-785640 VERSUS CENTRAL BOARD OF SECONDARY EDUCATION AND 3 ORS REPRESENTED BY THE CHAIRMAN/REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, SHILPA GRAM ROAD, NEAR SHANKARDEV KALASHETRA, PANJABARI, GUWAHATI-37 2:THE CONTROLLER OF EXAMINATION CENTRAL BOARD OF SECONDARY EDUCATION SHILPA GRAM ROAD NEAR SHANKARDEV KALASHETRA PANJABARI GUWAHATI-37. 3:THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION SHILPA GRAM ROAD NEAR SHANKARDEV KALASHETRA PANJABARI GUWAHATI-37 4:THE PRINCIPAL KENDRIYA VIDYALAYA (ONGC) SIVASAGAR ASSAM PIN-78564 Advocate for the Petitioner : MD. M H CHOUDHURY, R. BARUAH,TANZIM L. CHOUDHURY,MR. S N AHMED,MR. P CHAKRABORTY,MR MONZUR K CHOUDHURY Advocate for the Respondent : SC, CBSE, MR. T K DEY(R-4),MR. M K MAJUMDAR (R-4) Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 13.05.2025 Heard Mr. M. H. Choudhury, learned counsel for the petitioner. Also heard Ms. R. Borah, learned Standing Counsel for the CBSE and Mr. M. K. Mazumdar, learned counsel for the respondent No. 4. 2. The petitioner claims that his Date of Birth is 25.05.2003 and that though the petitioner has submitted his Birth Certificate, indicating that his date of Birth was 25.05.2003, the respondent authorities have recorded the petitioner’s date of Birth as 16.09.2000. 3. The petitioner’s counsel submits that in the Registration Certificate, Admit Card for Examination, 2019 and the Marks Statement-cum-Certificate, issued by the Central Board of Secondary Education, for the All India Secondary School Examination, 2019, the petitioner’s date of Birth has wrongly been recorded as 16.09.2000. The petitioner’s counsel submits that the petitioner had submitted his Birth certificate, which was registered on 16.06.2003, to the school, when he took admission in Class-II in the year 2010. 4. The petitioner’s counsel submits that the Birth Certificate issued by the Director of Health Services, Government of Assam shows that the petitioner’s date of Birth was 25.05.2003. Besides the above, the Identity Card of the petitioner given by the Kendriya Vidyalaya (O.N.G.C), Sivasagar, Aadhar Card and PAN Card shows the petitioner’s Date of Birth to be 25.05.2003. The Page No.# 3/6 petitioner’s counsel thus submits that the respondents should be directed to correct the date of Birth of the petitioner in the Registration Certificate, Admit Card for Examination, 2019 and the Marks Statement-cum-Certificate, issued by the Central Board of Secondary Education, for the All India Secondary School Examination, 2019. 5. Ms. R. Borah, learned Standing Counsel, CBSE submits that in terms of Clause 69.2 of the CBSE Notification dated 01.02.2018, application for correction of date of Birth can be entertained by the CBSE only within 5 (five) years from the date of declaration of the result and not on a subsequent date. In this case, the petitioner has approached this Court for correction of date of Birth on 18.01.2023. The petitioner had also submitted an application/representation for correction of his date of Birth with the respondent no.4 on 29.02.2020. Ms. Borah submits that the date of birth recorded in the Admit Card for the examination, 2019 and the Marks Statement-Cum-Certificate issued by the CBSE for the All India Secondary School Examination, 2019, showing the petitioner’s date of Birth to be 16.09.2000 has been made on the basis of a document submitted by the school, in which the petitioner was studying, which showed the petitioner’s date of Birth as 16.09.2000. Further, the said document showing the petitioner’s date of Birth 16.09.2000 had been signed by the petitioner’s father, petitioner’s mother and the petitioner himself. The signature had been made pursuant to the undertaking in the document, which states as follows:- “I have thoroughly checked all the details as filled in for registration of Class-X/XII Examination of my ward. I would not request any change in the detail filled in the registration form of my ward such as Date of Birth/candidate’s name/father’s name/mother’s name etc. If any Page No.# 4/6 misstate is detected before or after declaration of the result, I would solely be held responsible for the same.” 6. Mr. M. K. Mazumdar, learned counsel for the respondent no.4 submits that the petitioner’s date of Birth that had been sent to the CBSE by the school, had wrongly been made by a school teacher and the same should be corrected, as the records of the school had been made on the basis of the Birth certificate submitted by the petitioner and on the basis of a certificate issued by the petitioner’s earlier school, from which the petitioner had been transferred. 7. I have heard the learned counsels for the parties. 8. This Court, vide order dated 05.03.2025, had directed the petitioner to produce the original Birth Certificate and the same had been produced on 01.04.2025. This Court, on perusing the same, had made the following observation with regard to the Birth certificate produced by the petitioner on 01.04.2025, which is as follows:- “This Court, vide order dated 05.03.2025 had directed the petitioner to produce the original Birth Certificate and the same has been produced today. On a perusal of the same, it is clearly discernible to the naked eye that the figure ‘r’ is different in the top part of the Birth Certificate and in the lower part of the Birth Certificate. Also, there is overwriting with respect to the Registration Number, wherein the figure ‘6’ has been super- imposed with the figure ‘7’ in respect of the Registration No.1069. The said Birth Certificate has been issued by the Directorate of Heath Services, Government of Assam, who has not been made a party in the present writ petition. There is nothing to show in the Birth Page No.# 5/6 Certificate as to when the same was issued and by which authority and moreover, no seal of the authority who issued the certificate is discernible. This Court is of the view that as the Birth Certificate had been issued by the Directorate of Heath Services, Government of Assam, some light could have been thrown by the Directorate of Heath Services, Government of Assam, if it had been made a party. ” 9. A photocopy of the Birth certificate that had been produced by the petitioner on 01.04.2025 had also been kept in the records and a perusal of the same clearly goes to show the difference in the alphabet “M” as against the “name” of the petitioner and against the “sex” of the petitioner. Further, the handwriting on the top half of the birth certificate is different from the bottom half. This is over and above the observation made by this Court in para 8 of the order dated 01.04.2025. 10. On perusing the affidavit of the respondent No. 4, this Court finds that the respondent No. 4 has not annexed any Birth certificate of the petitioner. The document submitted by the respondent No. 4 to the respondent Nos. 1, 2 & 3, to enable the petitioner to take his CBSE examination for Class-X, shows that the petitioner’s date of Birth had been recorded as 16.09.2000 and that the undertaking that had been signed by the petitioner, his mother and father, was to the effect that the contents of the document submitted by the school to the CBSE were all correct. 11. On considering all above, this Court does not find any ground to allow this writ petition, as there are disputed questions of fact, which would probably require the examination of the Birth certificate by handwriting experts of the Forensic Science Laboratory. Further, as stated earlier, the Page No.# 6/6 authority, which had allegedly issued the birth certificate of the petitioner, has not been made a party in this proceeding. In view of the above reasons, this Court is not inclined to exercise its discretion in the present case. The writ petition is accordingly dismissed. The petitioner may approach the Civil Court for redressal of his grievance, if so advised. JUDGE Comparing Assistant