The Delhi High Court has upheld a single judge’s decision directing the Central Board of Secondary Education (CBSE) to correct the date of birth of Prema Evelyn D'Cruz in her Class 10 certificate, reaffirming that every citizen is entitled to the accurate recording of essential personal details in public documents.

A Division Bench comprising Justices Subramonium Prasad and Harish Vaidyanathan Shankar dismissed CBSE’s appeal against the earlier order and directed the Board to issue a revised certificate reflecting the correct date of birth.

The correction was initially sought by D'Cruz, who approached the court after CBSE refused her request, citing limitations under Bye-law 69.2(iv) of its Examination Byelaws. The provision bars corrections to the date of birth after two years from the declaration of Class 10 results.

CBSE further argued that under the Weeding Out Rules, 1998, examination records are destroyed after ten years, and in this case, no original record existed. Reliance was also placed on the Supreme Court’s ruling in Jigya Yadav v. CBSE, which upheld the binding force of such bylaws.

However, the respondent contended that the error had occurred due to a third party filling out her examination form, and that her correct date of birth was reflected in her statutory birth certificate and other official documents like her Aadhaar, PAN, and passport.

After considering the arguments, the Court concluded that the error was genuine and not typographical, rendering CBSE’s reliance on Bye-law 69.2 inapplicable. Citing Jigya Yadav, the Court held that the birth certificate, a statutory document, carries a presumption of correctness under the Indian Evidence Act and must be considered while rectifying records.

“This Court is of the opinion that… there is no infirmity in the judgment of the learned Single Judge, and the present appeal stands rejected,” the Division Bench held.

The Court also noted that the refusal to correct the date of birth could adversely impact the respondent’s future employment and opportunities. Accordingly, it directed CBSE to amend its records and issue a revised certificate.

Case Title: Central Board of Secondary Education v. Prema Evelyn D'Cruz & Anr.