Case Note & Summary
The petitioner, Harischandra P. Suvarn, filed a writ petition seeking directions to respondent No.2 (St. Teresa Jesus High School) to correct the date of birth of his son, Prajval H. Suvarna, in the school leaving certificate register from 14/11/1997 to 14/05/1998, and to respondent No.3 (Goa Board of Secondary and Higher Secondary Education) to hand over the original Passing Certificate cum Statement of Grades with the corrected date. The petitioner contended that the correct date of birth as per the birth certificate issued by the Registrar of Births is 14/05/1998, but the school register erroneously recorded it as 14/11/1997. The petitioner had earlier obtained correction from the Board, but the Board subsequently changed it back to the earlier date without giving any notice or opportunity of hearing to the petitioner, which violated principles of natural justice. The court, after hearing the parties, observed that the birth certificate is conclusive proof of the date of birth and that the school's identity card also reflected the correct date. The court held that the Board's action in changing the date without hearing the petitioner was in breach of natural justice. Consequently, the court directed respondent No.2 to correct the date of birth in the school leaving certificate register to 14/05/1998 and respondent No.3 to hand over the original passing certificate with the corrected date of birth. The petition was allowed in these terms.
Headnote
A) Education Law - Correction of Date of Birth - Birth Certificate as Conclusive Proof - The correct date of birth of a student is the one recorded in the birth certificate issued by the Registrar of Births, and the school authorities are bound to correct their records accordingly. (Paras 2-5) B) Administrative Law - Principles of Natural Justice - Audi Alteram Partem - Any change in the date of birth in school records without giving an opportunity of hearing to the affected party is in breach of principles of natural justice. (Para 4) C) Education Law - School Leaving Certificate - Correction of Date of Birth - The school is directed to correct the date of birth in the school leaving certificate register to 14/05/1998, and the Board is directed to hand over the original passing certificate with corrected date of birth. (Paras 5-6)
Issue of Consideration
Whether the petitioner is entitled to correction of his son's date of birth in the school leaving certificate and passing certificate based on the birth certificate, and whether the respondent No.3 could change the date of birth without giving an opportunity of hearing to the petitioner.
Final Decision
The petition is allowed. Respondent No.2 is directed to correct the date of birth of the petitioner's son in the school leaving certificate register to 14/05/1998. Respondent No.3 is directed to hand over the original Passing Certificate cum Statement of Grades with the corrected date of birth. No order as to costs.
Law Points
- Correction of date of birth in school records
- Birth certificate as conclusive proof of date of birth
- Principles of natural justice
- Opportunity of hearing before altering date of birth
