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2003 DIGILAW 949 (PAT)

Lalan Prasad v. State Of Bihar

2003-09-03

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2003
Judgment 1. The petitioner Lalan Prasad files this Letters Patent Appeal impugning the order dated 22 July, 2003 on C.W.J.C. No. 4922 of 2003: Lalan Prasad V/s. The State of Bihar & ors. 2. The learned Judge declined to grant any relief on the petitioner which prayed for a change of date of birth from 27 March, 1953 to 27 April, 1957. 3. Long standing record given by the petitioner himself showed his date of birth as 27 March, 1953 When the petitioner took his examinations under the Bihar School Examination Board for matriculation he carried his admit card with his photograph and his signature all throughout the examination conscious of the fact that his date of birth was 27 March, 1953. He made no objection to the admit card which he carried in his pocket at that time. When the petitioner got a job with the railways, he now desires that the year of his date of birth should be changed. Strong reliance apparently is placed on the school leaving certificate where the Headmaster has changed the date of birth from 27 March, 1953 to 27 April, 1957. The Headmaster had no business to do this. There is a prima facie presumption that the date of birth as recorded in the High School certificate is correct. The presumption may be rebuttable but that may be in another civil action. In effect, the State respondents should make an inquiry against the Headmaster why he changed the date of birth creating an evidence that the petitioner may yet be born on a subsequent date. 4. In so far as the High Court is concerned, on a certiorari action the date of birth is as recorded in the matriculation certificate. Both the petition and the appeal are misconceived. 5. Dismissed.