Punjab-Haryana High Court
Chaman Gill vs State Of Haryana And Ors on 15 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.M.No.19743-CWP-2022 in/and
CWP No.20372 of 2022 (O&M)
Reserved on 12.12.2022
Date of Decision:- 15.12.2022
Chaman Gill ....Petitioner
vs.
State of Haryana and others ....Respondents
***
BEFORE :- HON'BLE MR. JUSTICE SUDHIR MITTAL
***
Present:- Mr.Rishi Pal Singh, Advocate,
for the applicant-petitioner.
***
Sudhir Mittal, J.
The petitioner has approached this Court for correction of date
of birth in the Middle school and Secondary school certificates. The Middle
school examination was passed by him in 2003, the date mentioned on the
certificate being 02.07.2003. The Secondary School Certificate is dated
05.05.2005. Application submitted to the Board of School Education
Haryana (hereinafter referred to as 'the Board') is dated 15.03.2022. The
reason given for the correction is to bring it in conformity with the Birth
Certificate, Aadhar Card and Passport and because the petitioner wishes to
pursue courses abroad having special knowledge of the French language.
No action has been taken upon the said representation and, thus, the present
write petition has been filed.
Learned counsel for the petitioner has submitted that refusal to
take action upon the representation submitted is illegal and violative of the
judgment of the Supreme Court in Jigya Yadav vs. CBSE and others,
2021 (7) SCC 535. His submission is that the public documents like Birth
Certificate, Aadhar Card and Passport clearly show the correct date of birth
and accordingly, that mentioned in the school certificates be corrected.
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In Jigya Yadav (supra), a three Judges Bench of the Supreme
Court has held that bye-laws in existence on the date of the publication of
the result would apply to the case of the student seeking correction. The
right would, however, be governed by a reasonable period of limitation
which could be the period mentioned in the bye-laws and in its absence the
period for which the Board is required to preserve the record.
Relevant bye-laws of the years 2003-2005 have not been placed
on record. The application for correction has admittedly been filed after a
period of 17 years from the passing of the Secondary School examination.
Even though the relevant bye-laws have not been placed on record, the
limitation, if prescribed therein, could not be more than 5 to 8 years because
such limitation is normally prescribed in other similar bye-laws. A period
of 17 years having elapsed, the application would also be barred by delay
and laches. A mere averment that the petitioner is desirous of pursuing
higher studies abroad is not sufficient as prima facie proof of the said desire
has also not been placed on record. If the petitioner was really serious
about pursuing higher studies abroad, the alleged error in the school
certificates would have come to light after he completed his post-graduation
which could not be later than the year 2012 and the delay would not have
been as much. Thus, not only is the application belated, it is also frivolous
as no valid reason for the correction has been mentioned.
The petitioner is not entitled to any relief. The writ petition is
accordingly dismissed.
December 15, 2022 ( SUDHIR MITTAL)
poonam JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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CWP No.20372 of 2022 (O&M)
Chaman Gill vs. State of Haryana and others
***
Present:- Mr.Rishi Pal Singh, Advocate,
for the applicant-petitioner.
***
C.M.No.19743-CWP-2022
This is an application for placing on record Annexures P-7 to P-
14.
Application is allowed. Annexures P-7 to p-14 are taken on
record.
CWP No.20372 of 2022
Arguments heard.
Judgement reserved.
December 12, 2022 ( SUDHIR MITTAL)
poonam JUDGE
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