Last Updated on April 7, 2018 by Legalseva.net
Authorities refusing to change your Date of Birth, remedy is to file WRIT of Mandamus before High Court and get specific directions.
Date of Birth indeed is the most important document in your life. Your age sets your eligibility for so many things to come into your life just in time.
At the age of 18 you start voting, 21 suitable for marriage, then if applying for government jobs to comply with age brackets , to take benefits of so many welfare schemes and eventually seek benefits of senior citizen at the age of 60. So age is very crucial for survival here in India.
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Early you do, more are the chances of your getting DOB corrected just in time.
Till 2015, any changes or revision on Date of Birth, Father’s name or Mother’s name were to be made within one year but now after notification of 2017, it has been made 5 years. A big relief for everyone who has to undergo DOB issue at the cost of School or affiliated School Boards.
If you want to read the same in the news, click on the link.
Going by the procedure it is the school only who has to fill the form and submit it to the CBSE authorities. Then on receipt of form, CBSE will make the desired changes if all necessary requirements are fulfilled. You might want to see the form that school fills up for you. Click here.
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Process to get directions from Punjab and Haryana High Court to make necessary changes in Date of Birth as wrongly written in Education Board Certificate:
1 Send Legal Representation to the School Board concerned as earliest possible. Be it CBSE, or any regional boards.
2 Put your School authorities in CC in all the communications being made to the board so that they can respond faster later.
3 Keep vigil over your postbox and do visit nearest post office.
4 Adhere to timeline. If no answer comes or compliance is done, move to High Court quickly.
5 Choose and pick the right lawyer and hand over the photocopies of all relevant documents to your advocate not the originals. Mind it.
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Now rest all your hopes on him.
Few judgements of Punjab and Haryana High Court regarding the same and their findings:
1. In Ramandeep Kaur vs. CBSE decided on 17.5.2017 Directions were given by our Hon’ble High Court, Chandigarh to school board to make the necessary changes after appreciating the evidence brought on record.
2. In Kuldeep Singh Malik (Minor) through his Father vs. UOI & Ors. ,decided on 24.5.2017, the petitioner requested School Board to make the necessary changes to be eligible for NEET exam which was 17 years for NEET-UG-2017 but the controversy was previously well settled in Gautam Kapoor vs. State of Rajasthan AIR 1987 Raj 174 as the minimum age of a candidate at the time of qualifying examination specified by MCI is neither unseasonable nor arbitrary. So the Punjab and Haryana High Court refused to interfere and dismissed the petition.
3. In Shifa Chawla vs. CBSE decided on 18.5.2018, writ petition was filed for seeking direction from the respondent school board to correct the DOB in the matriculation certificate. The petitioner changed schools before appearing for matriculation and thus error crept in the Matriculation Certificate. Therefore, the directions were given by Hon’ble Court to make the necessary correction and issue a new certificate within a period of one month by incorporating the remarks that the DOB has been changed under order of the court.
4. In Maitri Mehta vs. CBSE decided on 18.5.2017, the error crept in the mother’s last name. The school duly forwarded the application to board, but it was rejected. Thus writ in nature of certiorari was filed in this Hon’ble Court for quashing the rejection order. Finally court ordered to make the correction within a month as everywhere the desired last name of the mother was reflected.
5. In Abhilash Kumar Uppal vs. Union of India & Anr. decided on 17.2.2017, the petitioner presented Legal Representation to the Board making the changes. The hon’ble high court without commenting upon the merits of the case ordered school board to decide the representation within 2 weeks from the certified copies of the court order thereupon.
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The real challenge? Two years simply go in approaching the court and hiring a lawyer
But problems in life are just like rains. They will come whenever they want to and all you can do is to prepare yourself. In case of rain umbrella is just fine but for real life problems as that of Date of Birth change you have to fight more suitably file a case.
Consulting a lawyer is no more a big deal. Just pick your phone and say hello. Thanks to Internet companies and to fast world of rising legal advice platforms and law websites. Yes, LegalSeva is one of them.
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All you need to do is be quick. As soon you are able to figure out the mistake or wrong date of birth printed on the school board certificate, make a representation, both to board and school. Don’t wait for the reply. Be ready with your lawyer to file the case on the next day of expiry period which should be to the maximum 15 days.
Now, if you have a similar issue of Date of Birth not being changed by School Board or Authorities, you may consult LegalSeva by dialing 99888-17966.
Expert and Right guidance is only what we give. Rest choose your fate carefully in matters of Date of Birth.
