IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3517 of 2011
Lalan Kumar, son of Sri Munni Yadav, resident of Barki Delha, P S -
Delha, District - Gaya
Versus
1. The State of Bihar.
2. The Principal Secretary, Human Resources Department, Govt. of
Bihar, Patna.
3. The Chairman, Bihar School Examination Board, Patna.
4. The Secretary, Bihar School Examination Board, Patna.
5. The District Education Officer, Gaya, District - Gaya.
6. The Principal, Mahabir Inter College Gaya, District - Gaya.
7. The Principal, Govt. Middle School Delha, Gaya, District-Gaya.
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04. 20.9.2011 Writ has been filed by the petitioner for a direction
upon the Bihar School Examination Board to issue a certificate
with correct date of birth of the petitioner which is said to be 20 th
February, 1980 instead of 20th January, 1980, which emerges
from the mark-sheet issued by the Bihar School Examination
Board after completion of matriculation examination by the
petitioner in the year 1995.
Contention of the petitioner is that he learnt about
the mistake in the date of birth after he received the so-called
original certificate from the school in 2007 and he immediately
pointed this fact out to the respondent authorities but since they
have refused to accept the claim of the petitioner, writ has been
filed.
Petitioner has tried to press into service at least two
documents which are Annexures 2 and 3. In addition to that,
there are some other annexures which indicate that the date of
birth of the petitioner was 20th February, 1980 and not 20th
2
January, 1980.
From a close perusal of Annexure-2 it is evident that
in the so-called admission register annexed with the writ
application, correction has been made under the signature of
the Principal on 6.11.2007 but the District Education Officer has
put his signature and date on 18.2.2010. This variance and
infirmity has not been explained by the petitioner. Anneuxre-3 is
supposed to be a duplicate but this duplicate document does not
have the full signature and date of the issuing authority.
Therefore, the authenticity of Annexure-3 is also doubtful.
Counsel for the petitioner thereafter submits that
under Right to Information Act he has obtained document
which is the tabulation chart and the same has been annexed as
Annexure-C to the counter affidavit. There also change in the
date of birth has been recorded in pen. .
Counsel representing the Bihar School Examination
Board submits that this issue is being raised at a belated stage
when examination was conducted in the year 1995 and the
claim as such was raised in the year 2007, if at all, and writ has
been filed in 2011. Besides the infirmity or variance in the
records which has been noted above, it is also pointed out that
there is variance in the date of the order when so-called
correction was permitted and the date on which the correction
was supposed to have been authorized. This also creates
suspicion with regard to the authenticity of tabulation entry
3
which may be a pointer to some kind of interpolation, which has
been done in the tabulation register.
Since the Court is not convinced with regard to the
authenticity of the documents which have been pressed into
service to bring about change in the date of birth of the
petitioner, the stand of the respondents that it is not permissible
now after so many years is supported by at least a decision of
this Court rendered in CWJC No. 869 of 2007(Annexure-A)
which was affirmed in LPA No. 67 of 2009 (Anneuxre-A/1).
In view of the abvoe there would be problem for
this Court in giving a direction to correct the date of birth of
the petitioner in the above stated circumstance.
Writ has no merit. It is dismissed.
rkp ( Ajay Kumar Tripathi, J.)