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2026 DAILYLAW 10189 (DEL)

TARUN KUHAR v. CENTRAL BOARD OF SECONDARY EDUCATION & ANR.

W.P.(C)/7272/2026 · 2026-05-26

Jasmeet Singh

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~187 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7272/2026 & CM APPL. 37093/2026 TARUN KUHAR .....Petitioner Through: Mr. Pulkit Verma, Mr. Saket Jain, Ms. Surabhi Kukreti, Advs. versus CENTRAL BOARD OF SECONDARY EDUCATION & ANR. .....Respondents Through: Ms. Manisha Singh, ASC for CBSE CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 26.05.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- “(a) A Writ of Mandamus under Article 226/227 of the Constitution of India directing the Respondents to correct the date of birth of the Petitioner in the passing certificate of the All Indian Secondary School Examination number 0447220 dated 03.06.2017 and any other document issued by the Respondents relying upon the aforesaid certificate, after recording his correct date of birth, i.e., 01.01.2000 (as recorded in the Birth Certificate issued under the Registration of Births and Deaths Act, 1969 and upheld by this Hon’ble Court order dated 29.10.2025 in WP (C.) 11293 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/06/2026 at 12:12:37 of 2025, and pursuant to application dated 03.11.2025 and 06.11.2025, and to issue a fresh certificate to the Petitioner after making the aforementioned correction; Or/and (b)Without prejudice, Petition under Article 226/227 of the Constitution of India seeking a Writ of Mandamus directing the Respondents to decide the Petitioner's application dated 03.11.2025 and 06.11.2025, for change in date of birth in passing certificate of the All India Secondary School Examination number 0447220, after recording his correct date of birth i.e., 01.01.2000, in accordance with the law laid down by this Hon'ble Court and the Hon'ble Supreme Court; Or/and…” 2. The case of the petitioner is that the petitioner’s date of birth is 01.01.2000 but is wrongly recorded in the matriculation certificate as 01.01.2001, given by the petitioner himself. 3. The date of birth of the petitioner in the corrected Municipal Corporation of Delhi (“MCD”) records as well as the Aadhaar Card is 01.01.2000. 4. Hence, the Class X and XII Certificate needs to be rectified as per the records of MCD and Adhaar Card. 5. Ms. Singh, learned ASC for respondent No. 1, states that the petitioner must approach the school, correct the record as the request has to be forwarded from the concerned school and the respondent no. 1 shall proceed accordingly. She also states that the respondent has already approached the school in this regard and no response has been received from the school. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/06/2026 at 12:12:37 6. I am of the view that it is not in dispute that the MCD records as well as the Aadhaar Card shows the date of birth as 01.01.2000. 7. Even though, there is no quarrel with the proposition that the request for the change of date of birth in the records and the necessary documents in that regard have to come from the school, however, there is urgency in the matter, namely, the petitioner has to go abroad for his higher education in June, 2026, the above wrong date is causing serious prejudice to the petitioner. 8. Further, this Court in its earlier Order dated 11.02.2026 passed in Smt. Nisha Ray v. Central Board of Secondary Education & Anr., W.P.(C) 6554/2023, while relying on Jigya Yadav v. CBSE, (2021) 7 SCC 535 and Central Board of Secondary Education v. Prema Evelyn D Cruz and Anr., LPA 171/2023, made the following observations:- “11. Even in the judgement of Jigya Yadav (supra), the Hon’ble Supreme Court has stated that there can only be one Date of Birth. The petitioner is and should be entitled to make a correction to make the document consistent with all public documents, namely, Adhaar Card, PAN Card and the Birth Certificate. 12. In case the petition is not allowed, the petitioner would be having 2 date of births, one shown in the Adhaar Card, PAN Card and Registration Certificate and the other in the Matriculation Certificate which is impermissible and contrary to law.” 9. For the said reasons, I am inclined to allow the petition without request having been forwarded from the school of the petitioner. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/06/2026 at 12:12:37 10. The respondent shall correct the date of birth of the petitioner as 01.01.2000 in place of 01.01.2001 in its record, expeditiously and not later than 2 weeks from today. 11. With these directions, the petition is allowed and disposed of. 12. The next date of hearing, i.e. 10.07.2026 stands cancelled. JASMEET SINGH, J MAY 26, 2026/sp This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/06/2026 at 12:12:37