HC rejects plea to alter birth date in 10th, 12th certificates

Observing that if the birth date is altered, qualifications secured would become invalid, the Madras High Court has rejected a plea to change it in the 10th and 12th school certificates on the ground that parents had given the wrong date of birth during admission to Class 1.

"If the date of birth is altered, the entire qualifications possessed by the petitioner would become invalid as she would not have had the required age eligibility to join Class 1 with the altered date of birth.

"The court cannot even decide the issue based on sympathy as it will give a premium for everyone to knock at the doors of the court to alter date of birth," Justice S Vaidyanathan said.

 

The issue pertains to a plea moved by S Indhumathi, who submitted that she was born on July 17, 1997 in Madurai.

She claimed that the date of birth in her 10th and 12th standard certificates was mentioned as May 17, 1997, instead of July 17.

Though the records with the Madurai Corporation had the original date of birth, it was incorrectly mentioned in her school records, it was submitted.

On April 20, she had made a representation to the School Education department to modify her birth date in her school certificates.

As the authorities failed to respond, she moved the court.

When the plea came up for hearing, the counsel for the School Education department submitted that such correction could not be made according to the provisions of the Tamil Nadu Secondary Education Certificate Rules.

The counsel further submitted that the rules prescribed completion of five years of age for admission to Class 1 and therefore, the petitioner's parents might have given an incorrect date of birth to secure admission for their daughter.

Concurring with the submissions, the judge said, "If the actual date of birth, as claimed by the petitioner, is taken into account, then the entire qualification obtained by the petitioner will have to go as she could not have been admitted in Class 1 during that point of time based on the original date of birth."

The plea that for the fault of the parents, the child should not be affected, could not be accepted, the judge said.

"If such a contention is going to be accepted, it will give a premium for everyone to knock at the doors of the court to alter the date of birth," the court said and dismissed the plea.