Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 9929 (AP)

DEERGASI BHANU v. THE STATE OF ANDHRA PRADESH

WP/25719/2026 · 2026-09-08

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010451602026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25719/2026 Between: 1. DEERGASI BHANU, D/O DEERGASI APPANNA DEERGASI ESWARAMMA, AGED ABOUT 20 YEARS, OCC STUDENT, R/O 3RD MILE, KHASIM SAHEB NAGAR, NELLORE SPSR NELLORE DISTRICT, ANDHRA PRADESH. - 524 002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, B-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 521 456. 3. THE DIRECTOR OF GOVERNMENT EXAMINATIONS, BOARD OF SECONDARY EDUCATION), ANDHRA PRADESH, D.NO. 20-4-19, KASIREDDY NAYUDU COLONY, OPP. LIC TRAINING CENTRE, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH. - 521 225. 4. BOARD OF SECONDARY EDUCATION, REP.BY ITS SECRETARY, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 522503. 5. THE DISTRICT EDUCATIONAL OFFICER DEO, SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH 524003. 6. THE HEADMASTER, ZILLA PRAJA PARISHAD (Z.P.P.) HIGH SCHOOL, NAVALAKULATHOTALU (NAVALAK GARDENS), 2 NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 524002. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased too issue a WRIT OF CERTIORARIFIED MANDAMUS or any other appropriate writ, order, or direction a) Calling for the records pertaining to the Petitioner's SSC Certificate Roll No. 2017110894, issued in March 2020 and the impugned Proceedings in Rc.No. 2852/03/2026, dated 11.08.2026 issued by the 6th Respondent District Educational Officer D.E.0, SPSR Nellore District b) Setting aside the impugned rejection Proceedings in Rc.No. 2852/03/2026, dated 11.08.2026, and declaring any reliance on G.O.Ms.No. 430 dated 31.12.1992 or other restrictive rules as illegal, arbitrary, and violative of Articles 14, 19(1)(a), 21, and 300-A of the Constitution of India, as well as principles of natural justice, in light of Jigya Yadav v. CBSE 2021 7 SCC 535 and W.P. No. 13940 of 2022 decided on 16.04.2024 c) Directing the Respondents, particularly Respondents 3, 4, 5, 6, 7, and 8, to correct the Petitioner's Date of Birth in the SSC Certificate, Intermediate Certificate, B.Tech CSE Degree/Marks Certificates, School Admission Register Admission No. 190, Nominal Rolls, and all relevant educational records maintained by the respondents to reflect her Date of Birth as 23-02- 2006 in place of 14-02-2005 d) Directing the 3rd and 5th Respondents Board of Secondary Education to issue a fresh / corrected Original SSC Pass Certificate / Marks Memo reflecting the corrected Date of Birth as 23-02-2006, and consequently directing Respondents 4th and 6th to issue corrected Intermediate and B.Tech CSE Certificates within a stipulated time frame, preferably within thirty 30 days, as prescribed in Jigya Yadav, and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased irect the Respondents to provisionally accept and recognize the corrected Date of Birth as '23-02-2006' and process the correction of the Petitioner's Date of Birth to '23-02-2006' in her Secondary School Certificate (SSC), Intermediate Certificate, and Bachelor of Technology (B.Tech) in Computer Science and Engineering (CSE) Certificates for all academic and professional purposes, corporate background verifications (BGV), employment recruitments, higher educational certifications, and applications for government identity documents, and further direct the 3rd and 6th 3 Respondents to receive the original SSC Certificate bearing Roll No. 2017110894 from the 8th Respondent Headmaster and initiate re-examination based on the statutory Birth Certificate dated 09-04-2006, and direct the 3rd Respondent! Board of Secondary Education to issue a fresh, corrected Original SSC Pass Certificate / Marks Memo reflecting the corrected Date of Birth within a stipulated period of thirty (30) days in line with the binding ratio in Jigya Yadav v. CBSE [(2021) 7 SCC 535], pending final disposal of this Writ Petition, and pass Counsel for the Petitioner: 1. RAJA DAMOJI RAO Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 4 The Court made the following Order:- Learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the respondents in considering her request for correction of her date of birth in the school records. 2. It is submitted that the petitioner was born on 23.02.2006 and that a birth certificate was issued recording the said date of birth. However, the date of birth in the school records is reflected as 14.02.2005. It is submitted that the petitioner intended to have her date of birth rectified and, accordingly, addressed letters to the Principal, JPHS School, Nellore Rural Mandal. However, the same have not been considered. 3. It is further submitted that the District Education Officer, Nellore, by proceedings dated 11.08.2006, communicated to the Headmaster, ZPHS School, that the proposal for correction of the date of birth in the SSC Certificate could not be considered and accordingly returned. 4. Learned counsel for the petitioner submits that similar issues were considered by a learned Single Judge of this Court in W.P. No.13940 of 2022, wherein an elaborate order was passed, taking into consideration the judgment of the Hon'ble Supreme Court in Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) Vs. Central Board of Secondary Education and Ors. ((2021) 7 SCC 535). It is submitted that the Hon'ble Supreme Court has laid down the principles governing correction of entries relating to date of birth, name, surname, parents' names, caste, religion and other particulars in school records and certificates. 5 5. Learned Assistant Government Pleader, appearing for the respondents, submits that the issue is squarely covered by the judgment of the Hon'ble Supreme Court in Jigya Yadav referred supra. 6. Considering the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader, and having regard to the law laid down by the Hon'ble Supreme Court in Jigya Yadav case, this Court is of the considered view that the petitioner is entitled to have her date of birth corrected in accordance with law. 7. Accordingly, the writ petition is disposed of. The respondents are directed to implement the ratio laid down by the Hon'ble Supreme Court in Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) Vs. Central Board of Secondary Education and Ors. ((2021) 7 SCC 535) and take necessary steps to correct the date of birth of the petitioner from 14.02.2005 to 23.02.2006 in the relevant school and educational records. 8. Needless to state, the respondents shall carry out the necessary corrections and issue the corrected certificates to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.09.2026 RSD 6 49 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25719/2026 09.09.2026 RSD