Advocate Rony John appeared for the petitioner whereas Advocates Anamika Ghai Niyazi and Arquam Ali appeared for CBSE. The counsel appearing on behalf of the petitioner submitted that the respondent-CBSE has not disputed the authenticity of the Petitioner’s birth certificate. It was further submitted that no prejudice would be caused to the CBSE if the correction of the petitioner’s date of birth is carried out. The counsel for the petitioner stated that grave prejudice would be caused to the petitioner inasmuch as different documents belonging to the petitioner would reflect inconsistent date of births, which might result in various adverse legal consequences.
The Court observed that “In the instant case, it is clear from the arguments raised by learned counsel for the petitioner that the discrepancy in the date of birth as revealed in the marksheet and the birth certificate issued by the local body would result in a prejudice to the candidate, especially when employment is sought in India or abroad and especially so, when abroad studies are to be undertaken by such candidates.