G.S.SANDHAWALIA, J. - (1.) THIS order shall dispose of Civil Writ Petition No.7633 of 2012 -Manroop Singh Vs. Central Board of Secondary Education and others and Civil Writ Petition No.24443 of 2013 -Amanpartap Singh Vs. Central Board of Secondary Education and others since in both these petitions common question of law and facts are involved. However, for dictating order, the facts have been taken from Civil Writ Petition No.7633 of 2012.
(2.) THE prayer in the present writ petition is to correct the date of birth of the petitioner as 4.1.1992 instead of 4.1.1993 and to issue fresh certificate to the petitioner. The pleaded case of the petitioner is that while taking admission in the respondent no.3 -school, father of the petitioner had committed error in mentioning the date of birth of the year of the petitioner as 1993 whereas his date of birth is 4.1.1992. To substantiate the said allegation, reliance has been put up on the birth certificate (Annexure P -2) issued by the Registrar, Births and Deaths, Batala. It is further averred that the petitioner wants to correct his date of birth in his certificate because he wants to go abroad for further studies and the correction is urgently required. The petitioner had represented to the respondent -Board through representation dated 4.10.2011 and requested the respondent -Board to incorporate the changes and issue fresh certificate to the petitioner but no action has been taken by the Board.
(3.) IN the written statement filed by the respondent -Board, it has been pleaded that relief cannot be claimed by the petitioner by filing the writ petition since disputed question of facts are involved. Reliance has also been placed upon Rule 69.2 of the Examination By -laws which provides procedure for change/correction in the date of birth to take defence that the petitioner had not applied for the correction in the date of birth through the school as per by laws. Therefore, case of the petitioner cannot be proceeded with without verification from the school. The Board receives a list of candidates from the last attended school which contains all particulars of the candidates as per school records and the records of the Board are always in consonance with the records of the last attended school. Until and unless the records of the last attended school are directed to be corrected/changed no direction an be issued to the Board for the said purpose.;