Child cannot suffer: Delhi HC imposes ₹2 lakh costs on parents over false date of birth for school admission

The Delhi High Court has held that a child cannot be made to suffer for his parents’ decision to furnish incorrect date of birth to secure his admission to school [Master Aarav Giri through Guardian Vs St Columba’s School and Another].

Justice Vikas Mahajan consequently directed St. Columba’s School and the Central Board of Secondary Education (CBSE) to correct the student’s date of birth in their records and in the child's class X certificate.

However, the Court imposed exemplary costs of ₹2 lakh on the student’s parents after finding that they appeared to have deliberately furnished incorrect information and a document concerning his date of birth.

“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 Court said.

The student was admitted to kindergarten in April 2014 after his parents declared his date of birth as March 23, 2010. Admission was limited to children born between April 1, 2009 and March 31, 2010. His actual birth date, April 23, 2010, would have made him ineligible.

He later sought correction, relying on his 2011 birth certificate, Aadhaar card, passport and hospital records.

The school argued that correction would invalidate his admission, while the CBSE said its records matched the school’s.

The respondents also produced another birth certificate recording March 23 as his date of birth which the student did not specifically dispute.

The Court concluded that the parents had furnished an incorrect date of birth and a supporting certificate to obtain admission. However, it noted that the student had studied at the school for nearly a decade and passed classes X and XI and was now in class XII.

At this distant point in time, his initial admission to KG cannot be declared void merely because his parents had projected him to be younger by one month. the Court held.

The Court also highlighted that discrepancies in a student’s date of birth across official documents could cause serious problems while applying to colleges in India and abroad, besides raising doubts about his identity.

Hence, the school and CBSE were directed to correct the student’s date of birth within four weeks. The CBSE was also ordered to register the corrected date for his class XII board examinations.

As regards the parents, the Court said they could not be allowed to go scot-free after resorting to unethical means.

Hence, it proceeded to impose costs at ₹2 lakh on them.

"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. Therefore, this Court is of the view that the aforesaid directions shall be subject to the payment of exemplary costs." the Court directed.

The amount must be deposited with the Delhi High Court Bar Association within two weeks and used exclusively to support the education or higher education of children of its staff.

Advocates Sameer Rohatgi, Namit Suri, Rameezuddin Raja, Preetpal Singh and Anish represented the student.

[Read Judgment]