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Patna High Court
Sanu Kumar vs Central Board Of Secondary Education ... on 11 December, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16959 of 2024
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Sanu Kumar, Son of Sanjay Prasad Gupta, Resident of Near Neem Ped
Bhareti, P.O. and P.S.- Wazirganj, District-Gaya 805131
... ... Petitioner/s
Versus
1. Central Board of Secondary Education Shiksha Kendra, Community Center
Preet Vihar, De-110092 through its Secretary.
2. The Regional Office, Director Central Board of Secondary Education
Akbika Complex, Bailey Road Near Brahmsthan, Raja Bazar, Sheikhpura
Patna-800014.
3. Oxbridge International School At Erro, Wazirganj, Gaya 805131 through its
Principal
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar Ambastha
For the Respondent/s : Mr. Vinay Krishna Tripthy
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 11-12-2025
Heard the parties.
2. The petitioner has successfully passed All India
Secondary School Examination (AISSE), 2018 from Central
Board of Secondary Examination. However some trivial mistake
occurred in the Passing Certificate, Marks Sheet and Migration
Certificate in the petitioners date of birth and his father's name,
which could not be rectified despite his all efforts. Hence the
present writ application.
3. Learned Advocate for the petitioner submitted that
the petitioner having completed his study from Oxbridge
International School, Erro, Wazirganj, Gaya filled up the
Patna High Court CWJC No.16959 of 2024 dt.11-12-2025
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registration form for AISSE, 2018 and as per the School record
his father's name was mentioned as Sanjay Prasad Gupta
alongwith the date of birth of the petitioner as 29.10.2003. It is
not in dispute that the registration certificate issued in favour of
the petitioner, his father's name and date of birth was correctly
mentioned and accordingly admit card was issued. However, in
the admit card the father's name was wrongly printed as Sanjay
Parsad Gupta and date of birth was wrongly printed as
23.08.2003
in place of 29.10.2003. The petitioner declared
passed in the AISSE, 2018 examination and accordingly, all the
marks sheet and certificates have been issued, but with the
incorrect father's name and the date of birth. The petitioner
approached before the respondent School by filing an
appropriate application for correction of his father's name and
date of birth in the certificates issued by the respondent no. 1.
The representation for necessary correction in the father's name
and the date of birth has been placed on record.
4. Respective counter affidavits have been filed on
behalf of respondent School and the Central Board of Secondary
Education. It is informed to this Court that on receipt of the
application, the original attested documents of the petitioner for
necessary correction alongwith the entire papers sought by the
Patna High Court CWJC No.16959 of 2024 dt.11-12-2025
respondent Board for correction in the name of the petitioner's
father and date of birth have been duly sent by the School to the
office of the Central Board of Secondary Education on
27.06.2025.
5. Learned Advocate for the Central Board of
Secondary Education has submitted that the application for
correction in date of birth duly forwarded by the Head of the
School alongwith the documents mentioned in the bye-laws
69.2(iii) shall be entertained by the Board only within five years
of the date of declaration of the result. No correction whatsoever
shall be made on application submitted after the said period of
five years. It is the contention of learned Advocate for the Board
that since the examination was conducted long back in the year
2018 and the result was published accordingly, but the
application for correction was made for the first time on
29.01.2024 and the School has sent the required documents on
27.06.2025 for correction. Thus, in view of the bye-laws
69.3(A)(iv), the application of the petitioner could not be
entertained.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that it is not in dispute that the petitioner has
Patna High Court CWJC No.16959 of 2024 dt.11-12-2025
successfully passed All India Secondary School Examination in
the year 2018 from Central Board of Secondary Education and
the registration certificate issued in favour of the petitioner
clearly demonstrate the father's name of the petitioner as Sanjay
Prasad Gupta alongwith the date of birth of the petitioner as
29.10.2003. Hence, if any, delay has occurred on account of the
petitioner, the petitioner being a bonafide student cannot be
penalized for his little delay in approaching the authority. All the
more, in case the trivial correction is not made, he shall be
bound to suffer in his entire career for his no fault. It is admitted
position that there was no mistake on the part of the petitioner
and registration certificate issued in his favour had correctly
mentioned the date of birth and father's name. It is to be noted
that the Apex Court in the case of Jigya Yadav vs. Central
Board of Secondary Education & Ors, (2021) 7 SCC 535 has
categorically observed as follows:-
"193. The first is where the incumbent
wants "correction" in the certificate
issued by the CBSE to be made consistent
with the particulars mentioned in the
school records.
193.1. As we have held, there is no
reason for the CBSE to turn down such
request or attach any precondition except
reasonable period of limitation and
keeping in mind the period for which the
CBSE has to maintain its record under
the extant regulations. While doing so, it
Patna High Court CWJC No.16959 of 2024 dt.11-12-2025
can certainly insist for compliance of
other conditions by the incumbent, such
as, to file sworn affidavit making
necessary declaration and to indemnify
the CBSE from any claim against it by
third party because of such correction.
The CBSE would be justified in insisting
for surrender/return of the original
certificate (or duplicate original
certificate, as the case may be) issued by
it for replacing it with the fresh
certificate to be issued after carrying out
necessary corrections with
caption/annotation against the changes
carried out and the date of such
correction. It may retain the original
entries as it is except in respect of
correction of name effected in exercise of
right to be forgotten. The fresh certificate
may also contain disclaimer that the
CBSE cannot be held responsible for the
genuineness of the school records
produced by the incumbent in support of
the request to record correction in the
original CBSE certificate. The CBSE can
also insist for reasonable prescribed fees
to be paid by the incumbent in lieu of
administrative expenses for issuing fresh
certificate."
7. In view of the afore-noted facts and the mandate of
the Apex Court, this Court finds substance in the writ petition
and thus direct the Central Board of Secondary Education to
consider the claim of the petitioner if the record of the petitioner
is traceable and not destroyed and make necessary correction
which is trivial in nature, based upon the recommendation and
the documents furnished by the school, preferably within a
Patna High Court CWJC No.16959 of 2024 dt.11-12-2025
period of eight weeks from the date of receipt/production of a
copy of this order.
8. Accordingly the writ petition stands allowed to the
extent indicated hereinabove.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.12.2025
Transmission Date NA
