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
