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× Discuss any directly law-related issues here, ranging from Company's Act to family law. Perhaps someone can help or has some interesting views. Beware, however, nothing in these forums should be taken as legal advice so consult your own lawyer before acting on this advice.

Re: Who is the legal custodian of original birth certificate? parent or the school ?

  • Anonymous
  • Anonymous's Avatar Topic Author
7 years 9 months ago #1 by Anonymous
My sister got admission in Kendriya Vidyalaya--government run central school under Kendriya Vidyalaya sangathan-- in class one in 2002. At the time of admission, the school insisted on retaining the original birth certificate, issued by the registrar births and deaths.

KV school authorities across the country are refusing to return the original birth certificates to the students/ parents--arguing that a birth certificate (issued by the school as per office records)/ transfer certificate/ marksheet are sufficient to prove age. KV schools also point out that KV sangathan has issused a circular asking schools under it to retain the original birth certificates.

1. Who is the legal custodian of any original document such as birth certificate? school or the parents ?

2. Can any school or any educational institution indefinitely retain original birth certificate and whether such a circular can be challenged?
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7 years 9 months ago #2 by raj_0886
Hi.. as per the KV Sanghtan rules & Also as per Govt rules original Birth certificate should be retained by the school. and you can anytime ask for original certificate once to leave from KV school.

but legally speaking the Originial should be kept with the legal custodian only & school should not take this imp documents in originals

:)
  • concerned parent
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7 years 8 months ago #3 by concerned parent
yes, but if the school keeps the original BC and the passport office requires to see the original BC before issuing a passport. what do you do?
  • Anonymous
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7 years 8 months ago #4 by Anonymous
As far as applying for passport is concerned, you can apply to school with an undertaking to return it to the school once passport authorities verified the original.

But the issue here who is the legal custodian of an original document ? What will happen if some educational institutions/ employer/ or immigration authorities demand original DOB certificate after many years, say after two and a half decades?
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7 years 8 months ago #5 by suby0490
after a decade or so your 10th std marksheet only will be your birth proof because only that has your birth date printed on it and no other things...and you will be asked for only 10th marksheet or leaving certificate as proof....
  • vimarsh
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7 years 6 months ago #6 by vimarsh
at present 10th marksheet or certificate is not valid for age proof, if you are born after 1993 you have to produce a valid (original) birth certificate.
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7 years 6 months ago #7 by AmitK
School cannot keep any original documents for ever..

In case need be and they require any proofs like DOB certificate for authenticity, the Xerox can be submitted duly attested by the counsellor of your area and original can be shown in hand to prove authenticity of xerox copy.

Custodian will be the family itself not the school.
  • Venugopal K.C.
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5 years 1 month ago #8 by Venugopal K.C.
]Myself and one of my friend Mr. K.P. James submitted application to KV, CRPF Yelahanka for returning the original birth certificate of their children for applying Passport. The Principal and Vice Principal not only refused to give the original certificate but also remained adamant to give a reply stating/quoting the rules, whereas Mr. Jame's younger son's birth certificate returned by KV RWF Yelahanka as it seems that there are different rules for different KVs.

Now, Passport Office demands for the original for issuing Passport and in future if any other government organisation demands, what will be the outcome of a Govt Servant who has All India level transfer liability. The answer is one has to travel across without any hope.

My strong opinion is that the Parent is the legal custodian and not the school. School can keep a certified copy of birth certificate in their record.
  • Jaymon
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5 years 1 month ago #9 by Jaymon
Hi,

I had started this topic two years ago after KV school refused to handover original birth certificate issued by municipal corporation. Subsequently, I approached a high court lawyer, who advised me to obtain the original from school by giving an undertaking that it is required for applying for passport and not to return it and let allow the school to move the court to take it back!

However, when I approached the school in 2014 KV Raipur handed over the original birth certificate without any problems stating that the rules have been changed and any parent willing to take it back could do so by submitting an application to the principal concerned.

I think that solves the problem. Best of luck.
  • Aswathy Menon
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4 years 10 months ago #10 by Aswathy Menon
Jaymon..i luv u for postig dis . infact i was wonderstruck wat to do abt my dob certificate. Im also a kvian
  • Mahesh kanhaiyalal agrawal
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1 month 1 week ago #11 by Mahesh kanhaiyalal agrawal
We are the legal heir of child and we should have right to keep the original dob with us.why should school keep any original document .I want back my child original dob from school authorities. I will file and RTI against the circular regarding the process
Kindly note and give reply
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