Chief Justice's Court Civil Misc. Delay Condonation Application No.350142 of 2009 In re : Case :- SPECIAL APPEAL DEFECTIVE No. - 1379 of 2009 Petitioner :- Anurag Mishra Respondent :- State Of U.P. Through Secretary Intermediate Edu. And Others Petitioner Counsel :- S.K. Mishra,Vijay Gautam Respondent Counsel :- C.S.C. Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
List has been revised.
Nobody appears in support of the application for condonation of
delay in filing the appeal.
It stands dismissed for want of prosecution.
Writ petitioner – appellant, was removed from service by order
dated 6th of August, 2007 on the ground that the high school
certificate submitted by him mentions his date of birth as 1st of
July, 1986 but on verification, it was found that his date of birth is
actually 1st of July, 1983. Thereafter, writ petitioner – appellant
filed application for correction of date of birth on 21st of January,
2008.
The learned Single Judge declined to interfere in the matter on the
finding that the application was filed by the writ petitioner –
appellant belatedly after 7 years and that too after he was
dismissed from service. In this connection, the learned Single
Judge has referred to Regulation 7 contained in Part 2-B of
Chapter III of the U.P. Intermediate Education Act, 1921, which
provides two years time for correction of mistakes in the
certificates.
Consequently, the appeal being barred by limitation also stands
dismissed.
Order Date :- 5.1.2010
VMA
(Pankaj Mithal, J.) (C.K. Prasad, C.J.)