Court No. - 39 Case :- WRIT - C No. - 5547 of 2010 Petitioner :- Km. Laxmi Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- R.P. Tiwari Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioner who had appeared at the High School Examination-
2006 conducted by the Board of High School and Intermediate
Education, Uttar Pradesh, Allahabad has filed this petition for
changing the date of birth mentioned in the High School mark
sheet from 1st July, 1992 to 1st July, 1991.
Learned counsel for the petitioner has submitted that in this
connection a representation dated 18th November, 2009 was sent
by the petitioner to the Secretary of the Board by registered post
but no order has been passed on the said representation.
Learned Standing Counsel appearing for the respondents has
placed before the Court Regulation 7 contained in Part 2-B of
Chapter III of the U.P. Intermediate Education Act, 1921 which
provides that clerical mistake can be corrected within a period of
two years from the date of declaration of the result and the relevant
Regulation is as follows:-
“7.-Secretary, on behalf of the Board shall give a certificate of
passing the examination on prescribed pro forma to successful
candidates and later on correct the entries therein, if any,
provided that any such wrong entry in the certificate has appeared
due to any clerical mistake or omission which occurred due to
carelessness in the records of the Board or in the records of
institution wherefrom the last education has been received.
This correction may be made by Secretary only when the
candidate within two years from the date of issuance of concerned
certificate by the Board, has submitted an application for the
rectification of mistake to the Principal/Central Manager
concerned attracting his notice regarding clerical mistake and one
of its copy has also been sent to the Secretary through registered
post.”
It is for the Board to pass an appropriate order on the application
submitted by the petitioner. Learned Standing Counsel states that
an appropriate order, in the light of the Regulations shall be passed
expeditiously.
In view of the aforesaid, the writ petition is disposed of with a
direction to the Secretary of the Board to pass an appropriate order
on the representation filed by the petitioner in accordance with law
expeditiously.
Order Date :- 3.2.2010
GS