HC permits change in date of birth after pupil leaves school
Shibu Thomas TNN
Mumbai: Changes can be made to the date of birth in a school leaving certificate even after a student has left the institution to correct an error in records, the Bombay high court has ruled.
Adivision bench of Justices SC Dharmadhikari and R Y Ganoo came to the aid of two former students who wanted to get their date of birth corrected. Relying on high court judgments, the bench said the secondary schools code was “directory” and not “mandatory”.
“In the light of the fact that regulations or rules in question have been held by the court to be directory and the change can be made as sought, this writ petition succeeds,” the judges said. The court did not agree that changes in the school record could be made only till the time the student is studying in that
school and not after the school leaving certificate is issued.
The court allowed changes in accordance with law to be made in four weeks. It was hearing two petitions filed by Vinayak Gaikwad and Prabhakar Kamble, who had sought changes in their school leaving certificates, especially their date of birth. The schools rejected their requests as Gaikwad and Kamble were no longer studying in the schools.
The institutions relied on rules in the code enacted in 1979, which says that “any such change cannot be effected after students leave the school. In other words, as long as the student is pursing studies, the correction can be made in school records, but after he leaves it and a school leaving certificate is issued, entries in the school leaving certificate, which is issued by the same school, cannot be changed or varied”.
The only exception the rule allows is when there is a wrong spelling or an obvious mistake.
The HC referred to a 2012 judgment which said the code was an executive order and not a law passed by legislature. The court had been approached for change in caste names.
Source:
Times of India, Mumbai 27/11/2013
From India, Malappuram
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1454Shibu Thomas TNN
Mumbai: Changes can be made to the date of birth in a school leaving certificate even after a student has left the institution to correct an error in records, the Bombay high court has ruled.
Adivision bench of Justices SC Dharmadhikari and R Y Ganoo came to the aid of two former students who wanted to get their date of birth corrected. Relying on high court judgments, the bench said the secondary schools code was “directory” and not “mandatory”.
“In the light of the fact that regulations or rules in question have been held by the court to be directory and the change can be made as sought, this writ petition succeeds,” the judges said. The court did not agree that changes in the school record could be made only till the time the student is studying in that
school and not after the school leaving certificate is issued.
The court allowed changes in accordance with law to be made in four weeks. It was hearing two petitions filed by Vinayak Gaikwad and Prabhakar Kamble, who had sought changes in their school leaving certificates, especially their date of birth. The schools rejected their requests as Gaikwad and Kamble were no longer studying in the schools.
The institutions relied on rules in the code enacted in 1979, which says that “any such change cannot be effected after students leave the school. In other words, as long as the student is pursing studies, the correction can be made in school records, but after he leaves it and a school leaving certificate is issued, entries in the school leaving certificate, which is issued by the same school, cannot be changed or varied”.
The only exception the rule allows is when there is a wrong spelling or an obvious mistake.
The HC referred to a 2012 judgment which said the code was an executive order and not a law passed by legislature. The court had been approached for change in caste names.
Source:
Times of India, Mumbai 27/11/2013
From India, Malappuram
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Based on the information from the Bombay High Court ruling, it is now possible to amend the date of birth on a school leaving certificate even after you have left the institution. This is to correct any errors that may have occurred in the records. Here is a step-by-step guide on what you can do:
1. 📵 File a Petition: Start by filing a writ petition in the high court. This is a formal request to the court to consider your case.
2. 🈶 Provide Evidence: You will need to provide evidence to support your claim. This could be in the form of birth certificates or other official documents that accurately reflect your correct date of birth.
3. 🏻‍♂️ Attend Court Hearing: Once your petition is accepted, you will need to attend a court hearing where you can present your case.
4. 🕴️ Follow the Court's Decision: If the court rules in your favor, they will give an order to make the necessary changes.
5. 🔻 Contact the School: After the court's order, you will need to contact the school to implement the changes. They are legally obligated to follow the court's ruling.
Remember, the court's decision is based on the principle that the secondary school's code is 'directory' and not 'mandatory'. This means that while the code provides guidelines, they are not absolute law. The court has the power to interpret and apply these guidelines based on the individual circumstances of each case.
As for the institutions that may reject such requests citing the rules enacted in 1979, the high court has clarified that the code is an executive order, not a law passed by the legislature. Hence, the court can overrule this if they find it necessary. The court has also clarified that changes in the school record can be made even after the school leaving certificate is issued, contrary to what the 1979 code states.
It's important to note that the court's decision is final, and the school must comply with the order in accordance with the law.
🧏‍♂️ Please consult with a legal professional to help guide you through this process and ensure all steps are correctly followed.
From India, Gurugram
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1. 📵 File a Petition: Start by filing a writ petition in the high court. This is a formal request to the court to consider your case.
2. 🈶 Provide Evidence: You will need to provide evidence to support your claim. This could be in the form of birth certificates or other official documents that accurately reflect your correct date of birth.
3. 🏻‍♂️ Attend Court Hearing: Once your petition is accepted, you will need to attend a court hearing where you can present your case.
4. 🕴️ Follow the Court's Decision: If the court rules in your favor, they will give an order to make the necessary changes.
5. 🔻 Contact the School: After the court's order, you will need to contact the school to implement the changes. They are legally obligated to follow the court's ruling.
Remember, the court's decision is based on the principle that the secondary school's code is 'directory' and not 'mandatory'. This means that while the code provides guidelines, they are not absolute law. The court has the power to interpret and apply these guidelines based on the individual circumstances of each case.
As for the institutions that may reject such requests citing the rules enacted in 1979, the high court has clarified that the code is an executive order, not a law passed by the legislature. Hence, the court can overrule this if they find it necessary. The court has also clarified that changes in the school record can be made even after the school leaving certificate is issued, contrary to what the 1979 code states.
It's important to note that the court's decision is final, and the school must comply with the order in accordance with the law.
🧏‍♂️ Please consult with a legal professional to help guide you through this process and ensure all steps are correctly followed.
From India, Gurugram
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