The vs Unknown on 21 July, 2009

Punjab-Haryana High Court
The vs Unknown on 21 July, 2009
CWP No.631 of 2009                                   :1:

      In the High Court of Punjab and Haryana at Chandigarh.


                                             Date of decision:21.07.2009



Sukhjeet Kaur Vs. Punjab School Education Board, through its
                  Secretary.


Present:    Mr.Arvind Singh, Advocate.
            Mr.PP Singh, Advocate.
            --

PERMOD KOHLI, J. (Oral):

The petitioner applied for correction of his date of birth to

respondent-Board vide his application dated 10.12.2008, Annexure P-6

giving details of the circumstances for the change of date of birth from

05.02.1973 to 02.10.1974 in the Matriculation Certificate issued by the

respondent-Board. The petitioner produced matriculation certificate as also

the date of birth certificate issued by the Additional Distt. Registrar, Births

and Deaths, Moga.

The grievance of the petitioner is that his application for

correction in his date of birth has not been decided till date. The petitioner

has accordingly, filed this petition seeking a direction in the nature of

mandamus to decide his application for correction of date of birth.

In the reply filed by the respondents, it is stated that the

application of the petitioner for correction of date of birth is beyond the

required period of two years. It is also stated that such applications could

be filed within a period of two years and by seeking condonation of delay,

the same can be filed within a period of five years. The fact remains that

respondents have not passed any order rejecting or accepting the application
CWP No.631 of 2009 :2:

of the petitioner for correction of change of date of birth. It is obligatory

upon the respondents to decide the application for correction of change of

date of birth. However, the respondents have failed to discharge their

obligations.

In view of the above, this petition is disposed of with a

direction to the respondent-Board to take a decision on the application of

the petitioner dated 10.12.2008, Annexure P-6, within a period of two

months from the date of receipt of a certified copy of this order. The

respondents while deciding the application will take into consideration all

the circumstances referred to here-in-above and pass consequential order.

Needless to say, in the event the claim of the petitioner is to be rejected, it

shall by a speaking and reasoned order.

21.07.2009                                         (PERMOD KOHLI)
BLS                                                    JUDGE


      Note: Whether to be referred to the Reporter? NO
 

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