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Patna High Court

Hamzah HassanversusThe Chairman, Central Board of Secondary Education (C.B.S.E.)

Decided
Disposal
DISPOSED

Holding

The Court held that CBSE must correct the petitioner’s date of birth in its certificates in accordance with the public documents, notwithstanding the Board’s bye‑law time‑limit, as the public documents have a statutory presumption of correctness.

Summary

The petitioner, Hamzah Hassan, discovered that his CBSE school certificates recorded his date of birth as 07‑08‑2001, whereas his birth certificate and passport show 20‑12‑1999. He filed a writ petition seeking a mandamus directing CBSE to correct the date of birth in his matriculation certificate and marksheet. The CBSE argued that its examination bye‑laws prohibit corrections after the examination and that the petition was time‑barred. The Court examined the Supreme Court’s decision in Jigya Yadav (2021) 7 SCC 535, which held that public documents such as birth certificates and passports have a statutory presumption of correctness and must be considered for corrections, and also considered the Delhi High Court’s decision in Central Board of Secondary Education v. Prema Evelyn D Cruz. Relying on these precedents, the Court held that the Board is obligated to amend the certificate to reflect the correct date of birth despite the bye‑law limitation. Consequently, the Court directed the Regional Officer of CBSE to process the correction and issue a fresh certificate within ten weeks. The writ petition was allowed and each party bears its own costs.

Issues considered

  • Whether the CBSE Examination Bye‑laws have the force of law and can restrict correction of certificates.
  • Whether the Bye‑laws unreasonably restrict the right to identity under Articles 19 and 21 of the Constitution.
  • Whether the Board is obliged to correct certificates based on public documents that carry a statutory presumption of correctness.
  • Whether the timing of the correction application (post‑examination and after a long lapse) is a valid ground for denial.
  • Whether a writ of mandamus can be issued notwithstanding the explicit provisions of the Bye‑laws.

Subjects

  • date of birth correction
  • CBSE
  • writ petition
  • mandamus
  • identity right
  • public documents
  • statutory presumption
  • examination bye‑laws
  • certificate amendment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11145 of 2025
     ======================================================
     Hamzah Hassan Son of Dr. Mohammad Shahid Hassan Resident of village
     Houe No.- 129-D, Patliputra Colony, P.S.- Patliputra Colony, District- Patna,
     Bihar.

                                                             ... ... Petitioner/s
                                     Versus
1.   The Chairman, Central Board of Secondary Education (C.B.S.E.) Shiksha
     Kendra, 2- Community Centre, Preet Vihar, New Delhi- 110092.
2.   The Controller of Examinations, Central Board of Secondary Education
     (C.B.S.E.), Shiksha Kendra, Preet Vihar, New Delhi- 110092.
3.   The Regional Officer, Central Board of Secondary Education (C.B.S.E.),
     Regional Office, Patna, Bihar.
4.   The Principal, Vishashvi Public School, NH- 30A, Fatuha, Patna, Bihar-
     803201.
5.   The Principal, International School, New Patliputra Colony, Patna, Bihar-
     800013.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Vatsal Verma, Adv.
     For the Respondent/s   :      Mr. Vinay Krishna Tripthy, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 12-01-2026

                  Heard Mr. Vatsal Verma, the learned Advocate for the

      petitioner and Mr. Vinay Krishna Tripathy, the learned Advocate

      for the Central Board of Secondary Education (for short ‘the

      CBSE’).

                  2. The petitioner by invoking the extraordinary writ

      jurisdiction of this Court is seeking a direction upon the

      concerned respondent authorities, especially the authority of the

      CBSE to make necessary correction in the date of birth of the

      petitioner in the records of the school as well as the records of
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         CBSE, including the matriculation certificate and the marksheet

         and other certificates from 07.08.2001 to 20.12.1999, in

         accordance with valid and official records of the petitioner.

                     3. Briefly stated, the petitioner was born on

         20.12.1999 at Kurji Holy Family Hospital, Patna, whereupon a

         certificate of birth was issued to the parents of the petitioner by

         the hospital bearing Registration No. 3794/99 and IP No.

         15269/99. Based upon which, birth certificate was also issued

         by the Municipal Authorities on 08.02.2000 to the parents of the

         petitioner. In the afore-noted certificate, the date of birth of the

         petitioner was duly recorded on 20.12.1999. Subsequently to the

         birth of the petitioner, the parents of the petitioner applied for

         his passport and, accordingly, a passport was issued in the name

         of the petitioner, the copy of which is also placed on record as

         Annexure-P/3 (series). Time to time upon expiry of the validity

         period of passport, the same was renewed and in all the places,

         the date of birth of the petitioner was duly mentioned as

         20.12.1999. Subsequently, when the petitioner was admitted in

         the school and when he took admission in class-VIII in

         Vishashvi Public School, Patna, on account of inadvertent

         mistake, either by the authorities of the school or his parents, the

         date of birth was erroneously recorded as 07.08.2001. At the
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         relevant point of time, the petitioner was only about 13 years.

         On account of the aforesaid mistake, a similar mistake was also

         committed at the time of submission of the Form, based upon

         which the registration was made and the admit card was issued.

         The petitioner appeared and successfully completed his All

         India Secondary School Examination (Class-X) in the year

         2016.     Subsequently        after      completing   matriculation,   the

         petitioner also completed his Senior School Certificate

         Examination (Class-XII) in the year 2018 from International

         School New Patliputra Colony, Patna. The petitioner also got

         enrolled as a student of Bachelor of Dental Surgery (BDS) in

         Buddha Institute of Medical Science and at present pursuing the

         said course.

                     4. It is the contention of the petitioner that for the first

         time, he came to know in May, 2025 when he tried to renew his

         passport that two different date of births have been recorded in

         his documents, inasmuch as in his passport, his date of birth has

         been mentioned as 20.12.1999 whereas in his school certificate

         it is mentioned as 07.08.2001.

                     5. Referring to the documents placed on record,

         especially the passport as well as the birth certificate issued by

         the Municipal Corporation, Mr. Vatsal Verma, learned Advocate
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         for the petitioner, submitted that the correct date of birth of the

         petitioner was 20.12.1999, but on account of sheer mistake,

         while he was admitted in Class-VIII, some error has cropped up

         in filling the date of birth; thus, for rectification of the same, the

         petitioner approached the authorities of the CBSE and made

         correspondences with a request to make necessary correction in

         the date of birth. However, no action was taken. Hence the

         present petition.

                     6. Heavy reliance has been placed on a decision

         rendered by the Apex Court in the case of Jigya Yadav (Minor)

         (Through Guardian/Father Hari Singh) v. Central Board of

         Secondary Education & Ors. [(2021) 7 SCC 535]. Referring

         to the mandate of the Apex Court, it is contended that there is no

         bar in making necessary correction in the date of birth of a

         candidate if the same is supported with public documents. In the

         case at hand, the petitioner is armed with public documents

         including the birth certificate duly issued way back in the year

         2000, besides the passport which was issued by the Passport

         Office upon proper verification of the documents duly submitted

         and requisite form which was filled up by his parents in the year

         2000 itself. The validity of the documents are not in question;

         albeit, the authorities of the CBSE are not persuaded with the
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         request of the petitioner.

                     7. While concluding his argument(s), it is further

         urged that in the light of above referred ruling and mandate of

         the Apex Court, the learned Division Bench of the High Court at

         New Delhi, in the case of Central Board of Secondary

         Education v. Prema Evelyn D Cruz & Anr. [LPA 171/2023 &

         CM APPL. 11492/2023 (additional documents)                  while

         affirming the order of the learned Single Judge of the High

         Court has been pleased to direct for necessary correction of the

         date of birth of a candidate taking note of the passport and other

         documents, which is considered to be as a valid proof of date of

         birth. The Court further clarified that if the CBSE record is at

         variance with the Passport, it could lead to the creation of

         considerable doubt in the minds of any person who is

         considering the candidature of a candidate for employment,

         immigration or for any other purpose.

                     8. Mr. Vinay Krishna Tripathi, learned Advocate for

         the CBSE, refuting the contention of the learned Advocate for

         the petitioner submitted that to correct typographical and other

         errors to make the certificate consistent with the school records

         can be made provided that corrections in the school records

         should not have been made after the submission of the
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         application form for admission to examination of the Board. In

         the case at hand, the date of birth of the petitioner has been

         incorporated in the matriculation certificate as well as marksheet

         based upon the school records, wherein the date of birth of the

         petitioner was duly entered as 07.08.2001. It is further

         contended that the application for correction of the date of birth

         is not worth being entertained as no change in the date of birth

         once recorded in the Board’s record shall be made. The

         petitioner having passed his examination in the year 2016 has

         approached the Board for changing his date of birth after 9 years

         and thus in terms with the By-laws of the CBSE, the same is not

         permissible. Moreover, the application of the petitioner has been

         rejected being time barred and communicated vide letter dated

         28.07.2025, and the same is not challenged till date.

                     9. Before proceeding further, it would be relevant to

         take note of the decision rendered by the three Judges Bench of

         the Apex Court in the case of Jigya Yadav (supra); the core

         issue was related to correction/change in the name/surname/date

         of birth of the candidates or their parents in the certificate issued

         by the CBSE Board. The Apex Court having gone through the

         elaborate set of submissions and documents on record in the

         respective matter, categorize the points for consideration, which
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         are as follows:

                                 “104.1. (1) Whether the CBSE Examination
                         Bye-laws have the force of law?

                                 104.2. (2) Whether Examination Bye-laws
                         impose reasonable restrictions on the exercise of
                         rights under Article 19 of the Constitution
                         including fail the test of rationality for excessively
                         restricting        the        scope   of     permissible
                         corrections/changes?

                                 104.3. (3) Whether the Board is obliged to
                         carry out corrections/changes in the certificates
                         issued by it owing to correction/updation of public
                         records/documents             which   have     statutory
                         presumption of genuineness?

                                 104.4. (4) Whether the Examination Bye-
                         laws in force on the date of examination conducted
                         by CBSE or the date of consideration of the
                         application for recording correction/change would
                         be relevant? And, whether the effect of correction
                         or change, as the case may be, will have
                         retrospective effect from the date of issue of the
                         original certificate?
                                 104.5. (5) Whether writ of mandamus issued
                         for effecting corrections in CBSE certificates can
                         be in the teeth of explicit provisions in the
                         Examination Bye-laws, without examining validity
                         of the bye-laws?

                     10. The Court while answering the issue as to whether
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         a person's right to control the elements of identity can be denied

         by CBSE on the basis of its Bye-laws, which are meant to

         regulate and prescribe the procedure for such corrections, has

         held that the right to identity is protected under Articles 19 and

         21 of the Constitution encompassing an individual's control over

         their name and identity. The CBSE Bye-laws restricting

         corrections or changes in certificate must be judged, on

         reasonableness, considering their impact on a student's,

         legitimate objectives and rational classification. The CBSE is

         obliged to allow corrections consistent with the school records

         without imposing precondition, except a reasonable limitation

         period tied to the duration of record preservation. Any embargo

         on name change before publication of result was deemed

         unreasonable, though CBSE may reject request where records

         are no longer traceable. For changes not consistent with the

         school records, if supported by public documents, CBSE must

         accept them subject to reasonable restrictions; however, where

         the change is based on a newly acquired name without

         supporting documents, it may be allowed only upon Court

         declaration, gazette publication, return of original certificate and

         payment of prescribed fees.

                     11. The Hon’ble Supreme Court clearly set out and
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         dealt with the utility and importance of CBSE certificate by

         holding as follows:-

                                “144. The utility of certificates issued by the
                         Board is not confined to educational purposes
                         anymore. They serve a social purpose today and are
                         often used to cross verify particulars like name and
                         date of birth while applying for other government
                         identity documents. They assume immense
                         relevance while applying for various jobs, both
                         public and private. Interestingly, CBSE itself has
                         argued at length on the importance and
                         authoritative value of their certificates. In such
                         circumstances, an inaccuracy or denial of change
                         could be fatal to a student's future prospects and all
                         these concerns cannot be brushed aside in the name
                         of administrative exigencies.
                                     xxx          xxx           xxx

                                150. No doubt, it is true that CBSE
                         certificates are not strictly meant to be considered
                         as identity documents, however, the same are being
                         relied upon for corroborative purposes in all
                         academic and career related transactions as
                         foundational document. In fact, the CBSE itself has
                         conceded to this fact that their certificates are relied
                         for all official purposes, as noted above. The date
                         of birth in matriculation certificate, in particular, is
                         relied upon as primary evidence of date of birth of
                         a citizen. Therefore, as regards the information
                         contained in a CBSE certificate, the Board must
                         afford opportunity to the students to modify it
                         subject to complying with requisite formalities
                         which are reasonable in nature. If all other State
                         agencies could allow it for the preservance of
                         consistency and accuracy, alongside being enablers
                         in free exercise of rights by the citizens, there is no
                         reason for the CBSE to not uphold that right of the
                         students. More so, it would be in the interest of
                         CBSE's own credibility that their records are
                         regarded as accurate and latest records of a student
                         worthy of being relied upon for official purposes.
                         Therefore, this approach would serve twin purposes
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                         —
                         enabling free exercise of rights and preservance of
                         accuracy.”

                     12. Emphasizing the importance of the CBSE

         certificate, the Apex Court examined the various broad points,

         inter alia, whether the Board is obliged to carry out corrections/

         changes in the certificate issued by it owing to corrections/

         updation of publication records/documents which have statutory

         presumption of genuineness?

                     13. The afore-noted point was duly answered in para

         no.167 onward of the said decision, where the Court in no

         uncertain terms taking note of the earlier decisions, has

         observed that the records maintained by the statutory authorities

         have a presumption of correctness in their favor and they would

         prevail over any entry made in the school register held that there

         is no difficulty in correcting CBSE record to bring it in

         conformity with the school record. However, the difficulty

         arises when a statutory document is not consistent with the

         school record; in such a situation, the version supported by the

         statutory documents could be reckoned for the purpose of

         correction in CBSE certificate to make it consistent with public

         documents.

                     14. Upon careful perusal of the observations made in
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         the case of Jigya Yadav (supra), there is no doubt that the Board

         is expected to take due notice of such statutory public

         documents and effect consequential corrections in the records

         after completing the necessary formalities as mandated.

                     15. While answering the issues as set forth, the

         Hon’ble Supreme Court finally concluded in para-194 to 194.1

         as follows:-

                                 “194. As regards request for “change” of
                         particulars in the certificate issued by the CBSE, it
                         presupposes that the particulars intended to be
                         recorded in the CBSE certificate are not consistent
                         with the school records. Such a request could be
                         made in two different situations. The first is on the
                         basis of public documents like birth certificate,
                         Aadhaar card, election card, etc. and to incorporate
                         change      in    the    CBSE   certificate   consistent
                         therewith. The second possibility is when the
                         request for change is due to the acquired name by
                         choice at a later point of time. That change need
                         not be backed by public documents pertaining to
                         the candidate.
                                 “194.1. Reverting to the first category, as
                         noted earlier, there is a legal presumption in
                         relation to the public documents as envisaged in
                         the 1872 Act. Such public documents, therefore,
                         cannot be ignored by the CBSE. Taking note of
                         those documents, the CBSE may entertain the
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                         request for recording change in the certificate
                         issued by it. This, however, need not be
                         unconditional, but subject to certain reasonable
                         conditions to be fulfilled by the applicant as may
                         be prescribed by the CBSE, such as, of furnishing
                         sworn affidavit containing declaration and to
                         indemnify the CBSE and upon payment of
                         prescribed fees in lieu of administrative expenses.
                         The CBSE may also insist for issuing public notice
                         and publication in the Official Gazette before
                         recording the change in the fresh certificate to be
                         issued by it upon surrender/return of the original
                         certificate (or duplicate original certificate, as the
                         case may be) by the applicant. The fresh certificate
                         may contain disclaimer and caption/annotation
                         against the original entry (except in respect of
                         change of name effected in exercise of right to be
                         forgotten) indicating the date on which change has
                         been recorded and the basis thereof. In other
                         words, the fresh certificate may retain original
                         particulars while recording the change along with
                         caption/annotation referred to above (except in
                         respect of change of name effected in exercise of
                         right to be forgotten).

                        16. Upon careful reading of the decisions rendered

         by the Apex Court in the case of Jigya Yadav (supra), it is

         manifest that based upon the public documents like birth

         certificate, Aadhar card, election card etc., the change in the
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         CBSE certificate can be incorporated in consistent therewith.

                     17. The reliance on a decision placed by the learned

         Advocate for the petitioner on a Division Bench decision of the

         High Court of Delhi at New Delhi in the case of Prema Evelyn

         D Cruz (supra) also strengthen the case of the petitioner,

         wherein the Court while affirming the decision passed by the

         learned Single Judge of the High Court of Delhi has been

         pleased to hold that the citizen of this country is entitled to a

         true and correct narration of all necessary and relevant

         particulars in the public document that pertain to them. The

         CBSE is a record keeper of considerable importance, as has

         been elaborated by the Hon’ble Supreme Court in Jigya Yadav

         (supra). The matriculation certificate of a person is considered

         an unassailable proof of date of birth. The Court further noted

         that a passport among certain other documents is also

         considered as a valid proof of date of birth and if the CBSE

         record is at variance with the passport, it could lead a creation of

         considerable doubt in the minds of any person who is

         considering the case of such person for employment,

         immigration or for any other purpose.

                     18. Now coming to the case at hand, indubitably the

         petitioner is armed with a passport duly issued and furnished
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         long back in the year 2000, wherein the date of birth of the

         petitioner has been categorically mentioned as 20.12.1999. The

         passport issued in favor of the petitioner was duly prepared after

         due verification and based upon the birth certificate issued by

         the Municipal Authority which also validate the submission of

         the petitioner admitting his date of birth as 20.12.1999.

                     19.     The     afore-noted       public   documents   carry

         authenticity and it would prevail over the entry made in the

         school register unless it is controverted by other public

         documents or proved otherwise. If the entry of the date of birth

         in the certificate or marksheet does not tally with that in the

         birth certificate issued by the statutory authority as well as in the

         other document, including the passport, the petitioner would

         have to face serious hardship and thus it has rightly been

         observed by the learned High Court of Delhi that failure to

         exercise jurisdiction will result in injustice to the aggrieved.

                     20. In view of the aforesaid facts, circumstances and

         the position obtaining in law, this Court finds substance in the

         present writ petition and accordingly directs the respondent no.3

         to process the application for correction of date of birth of the

         petitioner in the certificate(s) issued by it after getting it

         properly corrected by the school and further issue a fresh
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                      certificate by making necessary corrections in the date of birth

                      of the petitioner from 07.08.2001 to 20.12.1999 within a period

                      of ten weeks from the date of receipt/production of a copy of

                      this order, in terms with the mandate of the Apex Court rendered

                      in Jigya Yadav (supra).

                                  21. The writ petition stands allowed.

                                  22. The parties shall bear their own cost(s).




                                                  (Harish Kumar, J)
rohit/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          15.01.2026
Transmission Date


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