The Delhi High Court recently ruled that a child should not be penalized for the actions of parents who provided a false date of birth to secure his school admission. In the case of Master Aarav Giri through Guardian Vs St Columba’s School and Another, Justice Vikas Mahajan directed both St. Columba’s School and the Central Board of Secondary Education (CBSE) to amend the child’s date of birth in their records and on his Class X certificate.
Despite allowing the correction, the Court imposed a penalty of ₹2 lakh on the parents, concluding they deliberately submitted false information and documentation regarding the birth date. Justice Mahajan emphasized, “A wrong committed by the parents of the petitioner cannot be attributed to the petitioner, who was aged just about four years at the time of his admission and is still a minor.”
The student in question was admitted to kindergarten in April 2014, based on a declared birth date of March 23, 2010. Admission was restricted to children born between April 1, 2009, and March 31, 2010. His actual birth date, April 23, 2010, rendered him ineligible for admission. The request for correction was supported by his 2011 birth certificate, Aadhaar card, passport, and hospital records.
While the school argued that altering the date would invalidate the child’s admission, the CBSE maintained its records were consistent with the school’s. The respondents also presented another birth certificate indicating March 23 as the birth date, which the student did not specifically contest.
The Court determined that the parents had indeed provided an incorrect birth date and a supporting certificate to gain admission. However, it acknowledged the student’s long tenure at the school, having completed Classes X and XI and currently being in Class XII. Declaring his initial admission void at this juncture would be unjust, the Court stated.
More Read
Justice Mahajan underscored the potential complications arising from discrepancies in a student’s birth date across official documents, particularly regarding college applications in India and abroad. Therefore, the school and CBSE were instructed to rectify the student’s birth date within four weeks. The CBSE was also directed to register the corrected date for his Class XII board exams.
The Court refused to let the parents evade responsibility, stating, “While the Court has come to the conclusion that no fault can be found with the petitioner, the parents of the petitioner cannot be allowed to go scot-free, as they appear to have deliberately furnished incorrect information and a document with regard to his date of birth, and thereby resorted to unethical means.” It mandated the payment of exemplary costs.
The ₹2 lakh fine must be deposited with the Delhi High Court Bar Association within two weeks, designated exclusively for supporting the education or higher education of the association’s staff children. The legal team representing the student included Advocates Sameer Rohatgi, Namit Suri, Rameezuddin Raja, Preetpal Singh, and Anish.
