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
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