• DOB change in matric certificate

hi I have Passed 10th in 2004 . My DOB IS 5-11-1988 but erroneously 29-02-1984 due to my parents mistake . If possible pls suggest .
10th passes from Haryana board.

Regards,
Asked 2 years ago in Civil Law from Gurgaon, Haryana
1) what were you doing for 10 years ? 

2) what is the date mentioned in your birth certificate ?

2) you should have made application for rectification of your school leaving certificate within period of 2 years . 

3) now your school board wont rectify the errors . 

4) you will have to move court to direct the Board to rectify date of birth in your school leaving certificate
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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"Rule 69.2 Change/Correction in Date of Birth -
(i)No change in the date of birth once recorded in the Board's records in respect of those candidates who have appeared for the Secondary/Senior Secondary Examinations conducted by the Board shall be made. However, correction to correct typographical and other errors to make the certificate consistent with the school records can be made, provided that corrections in the school should not have been made after the submission of the application form for admission to examination of the Board.
(ii)Such correction in date of birth as candidate in case of genuine clerical errors will be made under orders of the chairman where it is established to the satisfaction of the Chairman that the wrong entry was made erroneously in the list of the candidates/application form of the candidate for the examination.
(iii)Request for correction in date of birth shall be forwarded by the Head of the School alongwith attested photostat copies of :
(a) application for admission of the candidate to the school.
(b) Portion of the page of admission and withdrawal register where entry in date of birth has been made alongwith attested copy of the Certificate issued by the Municipal Authority, if applicable, as proof of date of birth submitted at the time of seeking admission; and (c ) The School Leaving Certificate of the previous school submitted at the time of admission.
(iv) The application for correction in date of birth duly forwarded by the Head of School alongwith documents mentioned in bye-laws 69.2(iii) shall be entertained by the Board in respect of those candidates who have taken the examinations conducted by the Board only within two years of the date of declaration of result of class X/XII examination, as the case may be. In case of those candidates who have appeared for the examinations conducted by the Board both at Secondary and Senior Secondary levels, the period of two years shall be counted from the date of declaration of result of Secondary School Examination. No correction whatsoever shall be made on application submitted after the said period of two year."
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Rule 69.2 came for interpretation before this court in the case of Pervinder Kumar Vs. Secretary, CB.S.E. Haryana Circle and others, 2008(4) RCR (Civil) 237, wherein in paras 14 and 15 of the judgement, this court made the following observations :

" 14. In the case of Karam Singh Vs. State of Punjab and another (supra) relied upon by the counsel for the appellant, this Court has relied upon three decisions, namely, Jiwan Dass Vs. State of Haryana 1989(2) ILR Punjab and Haryana 110, Hari Parshad Handa Vs. State of Punjab (1985-1)87, PLR 39 and State of Haryana Vs. Chander Singh alias Chander Bhan, 1988(2) PLR 264. In the case of Jiwas Dass Vs. State of Haryana (supra), it was held that even if the period of two years or extended period of six months are not available and there is no remedy left under the administrative law after the stipulated period has expired, legal remedy under the civil law will still be available, because administrative law cannot, in fact, bar the jurisdiction of civil courts. It was further held that even the decisions of administrative authorities allowing or rejecting those requests for alternation in date of birth which may have been made within the stipulated period, too are open to judicial scrutiny when challenged before a Court of competent jurisdiction. It was thus held in the case of Jiwan Dass Vs. State of Haryana and another (supra) that even if a remedy as per the administrative law/rules had become barred by limitation, a legal remedy is available to the aggrieved person under the civil law before a civil court.
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1. The rectification will not be allowed in the SSC certificate after a gap of more than 10 years. 

2.  You should first issue a legal notice to the SSC Board and school seeking correction of date of birth, and in case they don't comply with your request then you can correct the entry only through a court order.  You can then file a suit against SSC Board for commanding it that the date mistakenly entered be corrected. The actual birth certificate issued by Municipal authorities will have to be produced. 

3. You can also move the High Court seeking a direction to the above authorities to effect correction of your date of birth.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
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1. Your school board will not make the said achange after so many years of your passing out,

2. Only way left before you is to file an application before the court praying for a declaration that your actual date of birth is 05.11.1988 and also direction upon the school board to make the said change in all the certificates issued by them duly making the said change in DOB.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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Rectification in 10th class certificate is not permissible after a period of 10 years as per the ncert rules. If at ask you are adamant then you will have to file an application in the court along with an affdavit of your parents stating that your dob was wrongly mentioned by them. A direction to rectify the mistake be sought from court.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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