A two-judge Bench of the Supreme Court on Friday, in a plea of Ashlin Michael seeking correction of date of birth of her daughter in the certificate issued by CBSE, held that the order passed in Jigya Yadav will not cause prejudice to Ashlin Michael in any manner and hence disposed of the matter by referring to 3 judges bench Judgment passed in matter of Jigya Yadav (Minor) represented through her father which was filed against Central Board of Secondary Education, related to correction/change in name/surname/date of birth of candidates or their parents in the certificates.
A two-Judge Bench of Justices A.M. Khanwilkar and C.T. Ravikumar disposed of the plea filed by Ashlin.
The three-Judge Bench comprising Justice A.M. Khanwilkar, B.R.Gavai and Justice Krishna Murari issued directions in 22 batch of petitions to allow the candidates applications seeking corrections/change in the certificate issued by CBSE until they amend their relevant Byelaws and also CBSE to take urgent steps to amend its relevant bye laws so as to incorporate mechanism discussed in the said case for correction or change in certificates already issued or to be issued.
CBSE’s contention was that as per their Bye-laws 69.1 permits them to do correction only to extent of bringing on record in conformity with school records.
CBSE advanced their arguments in the Jigya Yadav case that no change is permitted in records as there is no fundamental right to claim that changed records be operative since birth and any change would only be prospective and not retrospective.
CBSE has moved against the order of Kerala High court passed on November 13, 2020 wherein the application of Ashlin Michael seeking correction of date of birth of her daughter was allowed by the Kerala High Court.
The Kerala High Court reminded CBSE while referring to its powers that as per clause 69.B of the amended bye-laws, CBSE is vested with powers to carry out correction as per court orders, which specifies that application regarding correction in date of birth of candidates will be considered, provided, the corrections have been admitted by the court of law and in cases of correction in date of birth in documents after the court orders caption will be mentioned on the documents correction allowed in date of birth as per court order. On the last date of hearing dated March 3, 2021, the matter was listed after the judgment in Jigya Yadav vs CBSE pronounced .
“Correction in date of birth Is governed by clause 69.2 of bye laws of CBSE.” CBSE contention before Kerala High Court was that certificate issued prior to 2015 related to certificates of Class X/XII examinations.
The Kerala High court observed that a writ of mandamus cannot be issued to an authority to do something, until and unless his enforceable legal right under a statute is infringed.
The Division Bench of Kerala High Court mentions the byelaw of CBSE that the Board is vested with powers to carry out correction as per court orders.
Appeal was filed by Ashlin, challenging the judgment of the Single Judge dated March 9, 2020, whereby the Bench had dismissed a writ petition, holding that there is inordinate delay of more than 10 years occasioned by the writ petitioner in approaching the CBSE, seeking correction of date of birth in school records.