Date of birth correction
Rateesh Mawar
(Querist) 29 November 2014
This query is : Resolved
My kid is a class 4th student in a CBSE school. The date of birth mentioned in school records is 17th Sep 2005 which is different from actual date of birth which is 17th Feb 2005. The date of birth mentioned in my son's passport is correct which is 17th Feb 2005. We approached school authorities for correction in date of birth in school records. The school authorities say that we have to get court order with correct date of birth in order to get records corrected in school register. Please advise if we have to approach court or the issue can be resolved by submitting affidavit to school authorities. It is worth noting here that school authorities denied accepting affidavit and want court order.
ajay sethi
(Expert) 29 November 2014
you will need court orders for correcting date of birth in school records as school is refusing to correct DOB in school records
Rajendra K Goyal
(Expert) 29 November 2014
Normally school should have corrected the DOB when documents show the date of birth different. How the DOB in school record differed ?
Send registered notice to school for correction, if no action have to approach court.
Dr J C Vashista
(Expert) 29 November 2014
File a suit for declaration and mandatory injunction after issuance of legal notice.
ABDUL RAZIQUE
(Expert) 29 November 2014
As per your query first you answer these points.
At the time of admission which document was submit for the DOB of your ward.
After how many days you noticed that the DOB is wrongly mentioned.
if your supporting document is wright then you send a legal notice that how they record wrong DOB of your ward and correct for that if they do not correct that then follow the instruction of Dr J C Vashista Sir.
Satya nand aggarwal
(Expert) 30 November 2014
Mr Ajay Sethi and Mr Vashistra is right in my view . You need to file a civil suit for declaration. But there is no need to serve any legal notice for this purpose.If you see the following judgement , you will find every solution
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : ADMISSION MATTER Date of Order: October 9th, 2006
WP(C) No.15521/06 Rashmeet Kaur Kohli (Minor) Through Mrs.Amarjeet Kaur .... PETITIONER Through: Mr.A.S.Singh, Advocate .Versus
Central Board of Secondary Education (CBSE) .... RESPONDENT
Dr J C Vashista
(Expert) 30 November 2014
Thanks for your appreciation.
I agree with experts Sh. Abdul Razique, reply these questions first.
As rightly advised by expert Sh. Satya Nand Aggarwal, suit can also be filed without issuance of a notice with an application for exemption for issuance of notice (if the urgency of time exists) otherwise, subsequently it would be an objection (valid)that the department was not served with mandatory (S/80(c)CPC)notice
T. Kalaiselvan, Advocate
(Expert) 03 December 2014
If you possess the birth certificate issued by the competent authority namely registrar of births and deaths, you may issue a legal notice enclosing the birth certificate copy and demand the school authorities to correct the same since it was their mistake, on their inability to comply with your demand you may approach court of law with a declaratory suit as advised by experts above.
