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Allahabad High Court
Ashok Singh vs State Of U.P. & Others on 29 January, 2010
Court No. - 27

Case :- WRIT - C No. - 35405 of 2006

Petitioner :- Ashok Singh
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Anil Kumar Sharma
Respondent Counsel :- C.S.C.,Aslam Ali

Hon'ble Sibghat Ullah Khan,J.

Heard learned counsel for the parties. Petitioner appeared in the High School

examination in the year 1985 conducted by U.P. Board of High School and

Intermediate. The mark sheet/certificate which was supplied after the

petitioner had passed the examination contained the date of birth of the

petitioner as 12.7.1968. The contention of the petitioner is that his correct date

of birth is 5.6.1967 which he mentioned in his form submitted to the Board

through Principal. It has further been argued that in the school records

petitioner’s date of birth is entered as 5.6.1967. According to the case of the

petitioner the certificate was issued after 12 years i.e. in the year 1993. This is

unbelievable. Just after declaration of result mark sheets and certificates are

issued. It has further been stated in para-6 of the writ petition that on

20.5.1993 petitioner requested the Principal of Shri Niranjan Inter College,

Miranjan Nagar, Etawah – respondent no.3 for issuance of certificate. It has

also been stated that petitioner passed intermediate examination in the year

1987. Obviously for taking admission in intermediate petitioner must have

filed his High School mark sheet and certificate. Accordingly the assertion

that uptil 1993 mark sheet/certificate was not issued is false. In para-9 it is

mentioned that petitioner gave representation to respondent no.3 – the

Principal for correction of his date of birth. Date of representation is not

mentioned. In para-10 it is mentioned that a reminder was sent by the

Principal on 3.5.2006 to the Secretary Secondary Education Board U.P.,
Allahabad. True copy of the same is Annexure-4 to the writ petition. Even in

this annexure there is no mention regarding sending of any prior

application/representation. Annexure-5 to the writ petition is an application by

the petitioner dated 1.5.2006 to the Principal – respondent no.3.

Prayer in this writ petition is that the respondent no.2 – Secretary, Board of

High School and Intermediate, U.P., Allahabad may be directed to make

correction in petitioner’s High school mark sheet and certificate of 1985 and

petitioner’s date of birth may be corrected as 5.6.1967 instead of 12.7.1968.

This writ petition is liable to be dismissed only on the ground of delay. There

is absolutely no precise assertion that prior to 2006 any effort was made by

the petitioner to get his date of birth corrected. Writ petition is therefore

dismissed on the ground that it is hopelessly delayed and suffers from gross

latches.

Order Date :- 29.1.2010
RS


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