HC permits only advancement of DoB on school certificates
TIMES NEWS NETWORK
Chennai:09.08.2018
A week after holding that a person’s date of birth (DoB) cannot be altered on school certificates after completion of school education, the Madras high court on Wednesday clarified that the restriction would apply only to postponement requests and not for advancement of the date. Justice S Vaidyanathan made the clarification while allowing a plea moved by P Poomesh seeking direction to change his DoB in his SSLC and transfer certificates from July 5, 2001 to March 5, 1999 as per the birth certificate and Aadhar card.
In the earlier instance, while ruling that date of birth cannot be postponed, the court observed that it would amount to nullifying all the educational qualifications possessed by the person.
When the present plea came up for hearing, the judge said: “Normally, the court will not grant the relief. The corporation records may show a different DoB. Only when a child completes the age of five, he/ she may be entitled to admission into the school. The parents, for admitting their child into a school, may alter the birth date by advancing it.
“At the time of completion of school education or thereafter, they approach the authorities and then the court to correct the date based on the birth certificate. If such an alteration creates a situation where the child could not have entered school at the age of five, the entire school education is void.”
However, in this case, the petitioner is handicapped and he is not seeking the postponement of the DoB but advancing. If the birth date is advanced, it certainly cannot be advantageous to him for employment.
No prejudice is going to be caused if the records are going to be changed to the detriment of the candidate, the court said.
Hence, judge said, the DoB may be corrected and advanced as prayed for by the petitioner, the judge directed the authorities concerned.
TIMES NEWS NETWORK
Chennai:09.08.2018
A week after holding that a person’s date of birth (DoB) cannot be altered on school certificates after completion of school education, the Madras high court on Wednesday clarified that the restriction would apply only to postponement requests and not for advancement of the date. Justice S Vaidyanathan made the clarification while allowing a plea moved by P Poomesh seeking direction to change his DoB in his SSLC and transfer certificates from July 5, 2001 to March 5, 1999 as per the birth certificate and Aadhar card.
In the earlier instance, while ruling that date of birth cannot be postponed, the court observed that it would amount to nullifying all the educational qualifications possessed by the person.
When the present plea came up for hearing, the judge said: “Normally, the court will not grant the relief. The corporation records may show a different DoB. Only when a child completes the age of five, he/ she may be entitled to admission into the school. The parents, for admitting their child into a school, may alter the birth date by advancing it.
“At the time of completion of school education or thereafter, they approach the authorities and then the court to correct the date based on the birth certificate. If such an alteration creates a situation where the child could not have entered school at the age of five, the entire school education is void.”
However, in this case, the petitioner is handicapped and he is not seeking the postponement of the DoB but advancing. If the birth date is advanced, it certainly cannot be advantageous to him for employment.
No prejudice is going to be caused if the records are going to be changed to the detriment of the candidate, the court said.
Hence, judge said, the DoB may be corrected and advanced as prayed for by the petitioner, the judge directed the authorities concerned.
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