Madras High Court Dismisses Plea To Alter Date Of Birth

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Madras High Court Dismisses Plea To Alter Date Of Birth

The Court said that correction in the date of birth has to be made before completing the examination.


Chennai:  Madras High Court on Wednesday made it clear that any correction in the date of birth, name or initial of a person has to be made before completing the SSLC examination.

The court stated this while dismissing a petition by one B Karunakaran of Villupuram district seeking a direction to the Tamil Nadu State Board of School of Examination to correct his date of birth as January 16, 1992, as reflected in the school transfer certificate.

As per Rule 5 of the Secondary School Leaving Certificate Rules, any correction in the date of birth, name or initial had to be made before completing the SSLC examination, the Judge said.

According the petitioner he was born on January 16, 1992. However, at the time of admission in school, the date of birth was given as January 19, 1989.

The Judge also found fault with an order of the District Munsif cum Judicial Magistrate in October, 2010 directing Board of School of Examination to issue birth certificate reflecting the date of birth as January 16, 1992.

He said a criminal court did not have the jurisdiction to pass such order. No enquiry has been conducted by the criminal court and the only evidence available before the criminal court was the statement made by the petitioner.

The criminal court has no jurisdiction to direct the board to issue such certificate. "If this is going to be encouraged, anybody can approach the criminal court and correct the date of birth according to their convenience," the Judge said.


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