Authority: Delhi High Court

Order Date: 17 July 2026

Case Overview

  • Petitioner: Master Aarav Giri (through guardian Mr. Abhishek Giri) filed W.P.(C) 2158/2025 seeking a writ of mandamus to have his date of birth corrected from 23.03.2010 to 23.04.2010 in the records of St. Columbas School and the Central Board of Secondary Education (CBSE).
  • Admission background: The petitioner was admitted to the school on 01.04.2014 for Kindergarten. An inadvertent error by the parents recorded the DOB as 23.03.2010 instead of the correct 23.04.2010.
  • Supporting documents: Birth Certificate (Reg. No. MCDOLR10151635, issued 05.04.2011 by Delhi Sub‑Registrar), Aadhaar Card, Passport, and Kolmet Hospital & Medical Research Centre records all show 23.04.2010.
  • School records: Identity cards for academic years 2019‑2020, 2023‑2024 and 2024‑2025 displayed the correct DOB, but the school later submitted 23.03.2010 to CBSE for the Class X board examination admit cards (2025‑2026 session).
  • Applications: The petitioner’s father applied to the CBSE Regional Officer (Annexure P/10) and later in 2024 to the school and CBSE, attaching the public documents, but no correction was made.
  • Legal arguments: Counsel for the petitioner cited a GNCTD circular dated 31.07.2015 directing schools to rectify inadvertent DOB errors and argued that public documents enjoy a legal presumption of correctness under Sections 76, 79 and 80 of the Indian Evidence Act, 1872.
  • Respondents’ position: The school argued that the original admission was based on the DOB 23.03.2010, which fell within the eligibility window (01.04.2009‑31.03.2010). It claimed the later ID cards were printed by a third‑party vendor without school instruction. CBSE counsel maintained that the DOB in its records matches the school’s records and that corrections are only permissible under its Bye‑laws (69.2 & 69.3) unless ordered by a court.
  • Judicial precedents: The Court referred to Jigya Yadav vs CBSE (2021 SCC OnLine SC 415), noting that courts may order DOB corrections when public documents provide a presumption of correctness, even if school records differ.
  • Bye‑law analysis: Bye‑law 69.2 prohibits change once recorded; 69.3 allows correction for typographical errors consistent with school records or when a court order is presented. The Court held that a court order can supersede the requirement of consistency with school records.

Final Outcome

1. The petitioner must file applications before the school and CBSE, attaching the birth certificate, Aadhaar Card and Passport reflecting DOB 23‑04‑2010.

2. Upon receipt, the school and CBSE shall correct the DOB in their internal records and in the Class X CBSE certificate within four weeks.

3. The corrected DOB shall also be registered by CBSE for the petitioner’s upcoming Class XII board examinations.

4. Exemplary costs of Rs 2,00,000 are imposed on the petitioner’s parents; the amount is to be deposited with the Delhi High Court Bar Association (DHCBA) within two weeks and will be used solely for the education of DHCBA staff children.

5. The writ petition and any pending applications are disposed of.

Topics: Education, Legal Remedy