Mar 16 2017 : The Times of India (Chennai)

DOB cannot be modified after Class X: HC

Chennai: TIMES NEWS NETWORK





Any correction in the date of birth, name or initial of a person has to be done before the person completes SSLC, and a criminal court has no jurisdiction to pass orders asking officials to make such corrections on certificates, Madras high court has said. Justice N Kirubakaran passed the order while dismissing a petition filed by B Karunakaran of Villupuram district. The petitioner had sought a direction to the state board of school of examination to alter his date of birth from January 19, 1989 to January 16, 1992.

Karunakaran completed his SSLC in 2006 and higher secondary education in 2009.While his duplicate transfer certificate obtained from the school showed his date of birth as January 16, 1992, the SSLC and higher secondary certificates showed it as January 19, 1989.

Hence, he filed a petition before district munsif cum judicial magistrate for issuance of birth certificate with January 16, 1992 as his date of birth. After obtaining a favourable order, he furnished it to officials and got them altered. In 2014, he made a representation to the board to correct the date of birth in the mark sheets too. As it was not considered, he filed the current petition.

However, Justice Kiruba karan dismissed the petition saying as per Rule 5 of the Secondary School Leaving Certificate Rules, any correction in the date of birth, name or initial has to be made before completing the SSLC examination.

“The criminal court has passed an order on October 4, 2010 directing the board to issue birth certificate as if he was born on January 16, 1992.The criminal court has got no jurisdiction to direct the board to issue such certificate. If that is going to be encouraged, anybody can approach the criminal court and correct the date of birth according to their convenience. Other than the criminal court order, there is no record available to correct the date of birth of the petitioner as January 16, 1992. Even otherwise, Rule 5 of the Secondary School Leaving Certificate Rules is a bar for making correction in the school records.“