If you are stuck in such a situation, here is what to do.

Several years ago, Mr. Alok Verma was a student at “Pinnacle Scholars Academy,” a prominent private school in the city of Vikasnagar. At that time, the academy did not have its own board affiliation or the necessary government codes. To work around this, the school administration arranged for its students, including Mr. Verma, to be registered for the Class X board examinations through a different institution, “Sarvodaya Government Vidyalaya.” The students of Pinnacle Scholars Academy never attended any classes at the government school; it was merely a registration formality on paper.

Recently, Mr. Verma encountered a significant problem. He discovered an error in his date of birth on his official board certificate. To get this rectified, the authorities have demanded the admission register from the school mentioned on his certificate – Sarvodaya Government Vidyalaya. However, since Mr. Verma was never formally admitted there, his name is absent from their admission records. This has created a legal and administrative dead-end for him.

It appears that this was a systemic practice, potentially affecting hundreds of students who passed through Pinnacle Scholars Academy during those years. The core issue is that these students were never officially enrolled in any registered school, raising serious questions about the legality of the entire arrangement and its long-term consequences for their academic and professional records.

Advice in such cases

Facing such a complex situation can be daunting. The arrangement made by the school is illegal and amounts to fraud. Here is a step-by-step approach to handle this:

• Gather all Documents: Collect every piece of paper related to your time at the private school. This includes fee receipts, school identity cards, report cards for all classes, and any circulars or letters from the school management.
• Connect with Other Students: Reach out to your former classmates. Collective action is often more effective than an individual complaint. Their testimony and similar experiences will strengthen your case.
• Approach the Education Board: Write a formal application to the concerned Education Board, explaining the entire situation in detail. Attach copies of all your documents and an affidavit swearing to the facts.
• Consult with a Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee, which might be in the range of Rs. 10,000 to Rs. 50,000, depending on the case. He is helping you in this situation to come out. He is an expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved in 7-10 days.

Applicable Sections of Law

The actions of the school management involve serious violations of Indian law. The new criminal laws, specifically the Bharatiya Nyaya Sanhita (BNS), 2023, would be applicable. The relevant offenses include:

• Section 318, BNS (Cheating): The management of the private school intentionally deceived the students, parents, and the Education Board by making them believe they were part of a legitimate registration process.
• Section 334, BNS (Forgery): Creating false documents, such as the board registration forms with the incorrect school name, with the intent to commit fraud.
• Section 337, BNS (Forgery for the purpose of cheating): When forgery is committed specifically to cheat someone, this section is invoked.
• Section 61, BNS (Criminal Conspiracy): This would apply if the management of both the private and government schools colluded in this fraudulent scheme.

These are cognizable offenses, and a police complaint can be filed against the management of the schools involved.

If you are the complainant

As the person who has uncovered this fraud and is suffering due to it, you are the complainant. You should:

1. File a detailed written complaint at your local police station. If the police refuse to register an FIR, you can send the complaint by registered post to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of your district.
2. Your complaint must clearly state the names of the private school you attended and the government school used for registration, the years involved, and the names of the management/principal if known.
3. Attach photocopies of all the evidence you have gathered.
4. If the police fail to act, you can file a private complaint directly before the Judicial Magistrate under Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

If you are the victim

As a victim, your primary goal is to get your records corrected and resolve the immediate problem. In addition to filing a criminal complaint, you have civil remedies:

• File a Writ Petition: The most effective remedy is often to file a writ petition before the High Court. You can name the Education Board, the private school, and the government school as respondents. You can ask the Court to issue a direction (mandamus) to the Board to correct your date of birth based on the evidence you provide and the unique circumstances of the case.
• File a Civil Suit: You can file a suit for ‘declaration’ in a civil court to have your correct date of birth legally declared. This decree from the court can then be submitted to all authorities for record correction.

How the police behave in such cases

Initially, the police might be hesitant to register an FIR, viewing it as an administrative issue or a civil dispute. They may be reluctant to take on cases involving established educational institutions. However, if the illegality is clearly explained and supported by evidence, they are obligated to investigate. An investigation would involve seizing records from both schools, recording statements of the management, and taking testimony from you and other affected students.

FAQs people normally have

Was this practice by my school legal?
No. This practice is completely illegal. A school cannot use another institution’s affiliation to register its students for board exams. It constitutes fraud, forgery, and a violation of the Education Board’s regulations.

Can I sue the school for causing this trouble?
Yes. You can initiate criminal proceedings as mentioned above. You can also file a civil suit against the private school for deficiency of service and claim compensation for the mental agony, harassment, and financial loss you have suffered.

What if I cannot find my old school records?
Even without complete records, you can build a case. An affidavit from you, coupled with testimonies from other students, can serve as strong evidence. The onus will also be on the school to produce its records during an investigation.

What evidence is required?

To build a strong case, you should gather as much of the following as possible:

• Report cards and progress reports from the private school (Pinnacle Scholars Academy).
• Fee receipts issued by the private school.
• The school ID card issued by the private school.
• The Board Examination Admit Card and Mark Sheet which will show the name of the government school (Sarvodaya Government Vidyalaya).
• An affidavit on stamp paper detailing the entire sequence of events.
• Contact details and affidavits from other students who underwent the same process.
• Any document (like a passport application) that has been rejected or questioned due to the DOB error.

How long will the investigation take?

The timeline can vary significantly. A police investigation and subsequent criminal trial can take several years to conclude. However, a writ petition filed in the High Court for the specific purpose of correcting your academic records can be much faster, often yielding a result within a few months to a year, depending on the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India