Court Orders Board to Issue Corrected Mark Sheet Within Six Weeks Despite Limitation Period
In a significant judgment, the Madhya Pradesh High Court has directed the State Board to correct a clerical error in the date of birth recorded on a student's Class X mark sheet, notwithstanding the application being filed beyond the prescribed limitation period. The court ruled that the limitation period should not override legitimate claims supported by unimpeachable evidence.
The case, Savitri v. State of Madhya Pradesh, was presided over by Justice Milind Ramesh Phadke at the Gwalior Bench. The petitioner, Savitri, had approached the court after her application to correct her date of birth on her Class X mark sheet was rejected by the Board. Her date of birth was incorrectly recorded as 16.06.2006 instead of the correct date, 22.08.2007. This error was evident in her educational records, including her Birth Certificate and mark sheets from Class VIII and IX, which consistently reflected the correct date.
The Board had rejected the application based on an order dated 14.01.2015, which stipulated that corrections could only be made within three years from the date of result declaration. However, the court found this approach unduly technical and contrary to justice, emphasizing the importance of maintaining accurate student records.
Citing the Madhya Pradesh Date of Birth (Entries in the School Register) Rules, 1973, the court noted that while the rules generally prohibit changes after a certain point, they do allow for rectification of clerical errors. The court highlighted that the case involved correcting an inadvertent error rather than altering the originally recorded date of birth.
The court's decision emphasized that public authorities like the Board have a responsibility to ensure their records accurately reflect students' details. As a result, the Board has been instructed to issue a fresh mark sheet with the correct date of birth within six weeks.
Bottom line:-
Correction of date of birth in educational records - Correction of clerical or inadvertent error in Class X mark-sheet is permissible even if application is submitted beyond prescribed limitation period, provided the claim is supported by unimpeachable documentary evidence.
Statutory provision(s): Madhya Pradesh Date of Birth (Entries in the School Register) Rules, 1973 (Rules 3, 4, 6, 7, and 8), Article 226 of the Constitution of India
Savitri v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc id # 2929649
