Court Upholds Legal Presumption of Correctness in Public Documents; Imposes Exemplary Costs on Parents for Initial Admission Error
In a significant ruling, the Delhi High Court has directed St. Columbas School and the Central Board of Secondary Education (CBSE) to amend the date of birth records of a student, Master Aarav Giri, to reflect the correct date as per public documents. The judgment was delivered by Justice Vikas Mahajan in response to a petition filed by the student's guardian, Mr. Abhishek Giri.
The petitioner sought the court's intervention to rectify the date of birth from March 23, 2010, to April 23, 2010, as consistent with official documents, including a birth certificate, Aadhaar card, and passport. These documents enjoy a legal presumption of correctness under the Indian Evidence Act, 1872, recently reiterated in the Bharatiya Sakshya Adhiniyam, 2023.
The case arose when the school erroneously recorded the date of birth during Aarav's kindergarten admission due to an inadvertent mistake by his parents. Despite the correction being reflected in later academic records, the CBSE had refused to amend their records, citing consistency with school data.
Justice Mahajan referenced the CBSE Examination Bye-Laws, which allow for corrections as per court orders. The court emphasized that public documents with legal presumptive value should guide such corrections, aligning with the Supreme Court's interpretation in Jigya Yadav v. CBSE, 2021.
The court ordered the school and CBSE to update their records within four weeks, ensuring the correct date of birth is used for Aarav’s upcoming Class XII Board Examinations. However, acknowledging the initial error by Aarav's parents, the court imposed a penalty of Rs. 2,00,000, payable to the Delhi High Court Bar Association to aid in educational support for children of its staff.
The decision underscores the court's role in balancing adherence to procedural rules with the rectification of genuine errors, ensuring that students' future educational opportunities are not jeopardized by administrative inaccuracies.
Bottom line:-
Correction of date of birth in school and CBSE records permissible under court direction, even if inconsistent with school records, based on public documents with legal presumption of correctness. Parents penalized for furnishing incorrect information at the time of admission.
Statutory provision(s): Indian Evidence Act, 1872, Bharatiya Sakshya Adhiniyam, 2023, CBSE Examination Bye-Laws 2018 Sections 69.2 and 69.3
Master Aarav Giri v. St. Columbas School, (Delhi) : Law Finder Doc id # 2942468
