Judgment Gopal Krishan Vyas, J.—The instant writ petition has been filed with a prayer for direction to the respondents to correct the date of birth of the petitioner as 15.09.1954 instead of 15.09.1953 in the Secondary School Certificate issued by the Board of Secondary Education, Rajasthan, Ajmer in the year 1969. 2. According to facts narrated in the writ petition, it is stated that the petitioner sought admission in the New Government Multipurpose Higher Secondary School, Jodhpur on 29.06.1967 in IX Class and date of birth of the petitioner was wrongly entered as 01.11.1953 in the scholar register instead of correct date of birth 15.09.1954. It is submitted that as soon as the mistake came to the notice of the father of the petitioner he submitted a representation to the District Education Officer, Jodhpur and, vide order No.2664 dt. 03.12.1968, the authority directed the Head Master of the school to change the date of birth from 01.11.1953 to 15.09.1954; and, accordingly, date of birth of the petitioner was corrected in the scholar register in pursuance of the said order dt. 03.12.1968 in the year 1968 itself. It is further stated that since it was an internal correspondence between the District Education Officer (then Inspector of Schools) and the concerned Head Master of the school, copy of the aforesaid order was not made available to the petitioner. However, the fact remains that in the scholar register of the school date of birth of the petitioner was corrected as 15.09.1954 as directed by the Inspector of Schools vide order dt. 03.12.1968. 3. In the year 1969, the petitioner appeared at the Secondary School Examination and he filled up his examination form through the school as a regular candidate and, as per school norm, the column of date of birth was left to be filled in by the school official after verification from the scholar register. It is submitted that again, the date of birth of the petitioner was wrongly filled in by the school clerk in the examination form as 15.09.1953 instead of correct date of birth 15.09.1954 as mentioned in the scholar register in pursuance of the order No.2664 dt. 03.12.1968 of the Inspector of Schools. Consequently, after passing of the examination, certificate of the Secondary School Examination was issued to the petitioner mentioning incorrect date of birth of the petitioner as 15.09.1953 instead of 15.09.1954. 03.12.1968 of the Inspector of Schools. Consequently, after passing of the examination, certificate of the Secondary School Examination was issued to the petitioner mentioning incorrect date of birth of the petitioner as 15.09.1953 instead of 15.09.1954. This certificate was received by the petitioner on 10.05.1972. 4. When the above mistake came to the knowledge of the petitioner, a detailed representation was submitted to the Secretary, Board of Secondary Education, Rajasthan, Ajmer through proper channel, viz., Head Master, New Government Multipurpose Higher Secondary School, Jodhpur who forwarded the representation with an endorsement to make correction in the date of birth and change it from 15.09.1953 to 15.09.1954. Thereafter, a communication was sent by the Secretary, Board of Secondary Education vide letter No.589/ex/28/74/S-27/46889 dt. 16.05.1974 and it was informed to the petitioner that his representation was rejected as being time-barred. 5. It is contended that the petitioner received the certificate of Secondary School Examination in the year 1972 and in the year 1972 itself the petitioner filed his representation, therefore, the petitioner was shocked to learn how the representation could be rejected as time barred. It is submitted that thereafter the petitioner again and again made representations to the Board of Secondary Education and ultimately the matter was re-opened and vide letter dt. 06.12.1978 the Board asked the petitioner to send the application through the Head Master of the school and the petitioner accordingly moved application through the Head Master of the school as directed by the Board. It is stated that, in turn, the District Education Officer after making a detailed enquiry submitted his report in favour of the petitioner vide his DO No.1667 dt. 26.02.1980 and recommended the change in the date of birth from 15.09.1953 to correct date of birth 15.09.1954. 6. The grievance of the petitioner is that thereafter nothing was heard and, in the circumstances, the petitioner sent notice for demand of justice through counsel, in response to which, vide letter dt. 30.07.1981, the Board informed the petitioner that the matter is pending consideration for want of the original copy of the order No.2664 dt. 03.12.1968 and further suggested the petitioner to send copy of original order dt. 03.12.1968. It is stated by the petitioner that despite the fact that petitioner was not repository of the internal correspondence in pursuance of which order No.2664 dt. 03.12.1968 and further suggested the petitioner to send copy of original order dt. 03.12.1968. It is stated by the petitioner that despite the fact that petitioner was not repository of the internal correspondence in pursuance of which order No.2664 dt. 03.12.1968 was issued by the then Inspector of Schools to the Head Master, New Government Multipurpose Higher Secondary School, Jodhpur, he persuaded the education authorities to send the order dt. 03.12.1968 to the Board and, later on, it was informed to him that the record in the matter has been sent to the Board; but, till date, nothing has happened and the matter has not finally been decided either way. 7. By order dt. 11.05.2007, this Court directed the learned Dy. Government Advocate to place on record the original copy of the order dt. 03.12.1968 and further asked him to procure the relevant record from the school. 8. In pursuance of the order of the Court, the learned Government Advocate Shri S.K. Vyas has filed reply to the writ petition on behalf of respondents No.1 and 2. Significantly, in the reply filed on behalf of respondents No.1 and 2, supported by the affidavit of officer-in-charge, there is complete absence of denial of the averments made by the petitioner in the writ petition. It is worthwhile to quote the reply of the respondents hereunder: “The respectful submission of the answering respondents is that as per Scholars Register, the petitioner was given admission in 9th class on dt. 29.06.1967 and after passing Secondary Examination he left the school on 05.07.1969. It is further submitted that at the time of admission, the date of birth of the petitioner was mentioned as 01.11.1953 but his date of birth was amended as 15.09.1954 as per order dt. 03.12.1968 passed by the Distt. Education Officer and in the scholars register, the date of birth of the petitioner was mentioned as 15.09.1954. A copy of Scholars Register is produced herewith and marked as Annexure-R/1 with D.E.O. letter.” 9. In his affidavit, filed in support of the reply on behalf of respondents No.1 and 2, the officer-in-charge Shri K.R. Vishnoi, Sr. Dy. D.E.O. (Legal), Jodhpur has deposed on oath as follows: “2- That the annexed reply has been drafted in consultation and material supplied by me. 3- That I have gone through the reply and understood the facts mentioned therein. Dy. D.E.O. (Legal), Jodhpur has deposed on oath as follows: “2- That the annexed reply has been drafted in consultation and material supplied by me. 3- That I have gone through the reply and understood the facts mentioned therein. The contents mentioned in above reply are true and correct to my best of knowledge based on official record.” The deponent has further verified the contents of the affidavit stating that nothing has been concealed therein and no part of it is false. 10. Learned counsel for respondent No.3 Board of Secondary Education, Rajasthan, Shri Manish Shishodia contended that necessary corrections have not been effected and certificate of Secondary School Examination containing correct date of birth could not be issued to the petitioner because the matter is pending decision for want of the original order No.2664 dt. 03.12.1968 with the Board and, therefore, in the absence of that order, it is not possible to make correction in the date of birth as prayed by the petitioner. It is submitted by Shri Manish Shishodia on behalf of the Board that if the respondent Education Department is not disputing the factual aspect of the matter then, in the circumstances, the matter may be remitted to the Board for taking final decision in the case. 11. Having heard learned counsel for the parties as well as learned Government Advocate, I have carefully considered the material on record. 12. While placing on record attested copy of the scholar register Annex.-R/1, it is accepted by the respondent Education Department that date of birth of the petitioner was corrected prior to passing of secondary school examination in pursuance of order dt. 03.12.1968. Vide Annex.-R/1, alongwith the scholar register, letter dt. 18.01.2002 of the District Education Officer (Secondary), Education Department, Jodhpur addressed to the Addl. District Education Officer (Legal), Education Department, Jodhpur is also placed on record. Letter dt. 03.12.1968. Vide Annex.-R/1, alongwith the scholar register, letter dt. 18.01.2002 of the District Education Officer (Secondary), Education Department, Jodhpur addressed to the Addl. District Education Officer (Legal), Education Department, Jodhpur is also placed on record. Letter dt. 18.01.2002 reads as follows: ßdk;kZy; ftyk fÓk{kk vf/kdkjh (ek/;fed) fÓk{kk foHkkx] tks/kiqjAÞ Øekad% ftfÓkv@ek/;@tks/k@fof/k@2002@18fnukad % 18 tuojh] 2002 vfrfjä ftyk fÓk{kk vf/kdkjh] (fof/k) fÓk{kk foHkkx] tks/kiqjA fo"k;% ;kfpdk la[;k 1817@2001 MkW- ujsÓk tksÓkh cuke ljdkj o vU;A mi;qZä fo"k;kUrZxr ys[k gS fd ;kfpdk] ;kfpdkFkhZ dh tUe frfFk ds fu/kkZj.k lacaf/kr gSA fo|ky; ds LdkWyj jftLVj (çfr layXu) ds vuqlkj vfHkykFkhZ@;kfpdkFkhZ us fnukad 29-06-1967 dks fo|ky; esa 9oha d{kk esa izosÓk fy;k ,oa fnukad 05-07-1969 dks 10oha ikl djus mijkar egkfo|ky; esa izosÓk ysus gsrq fo|ky; NksM+kA fo|ky; esa izosÓk ds le; LdkWyj jftLVj esa ;kfpdkFkhZ dh tUe frfFk 01-11-1953 ntZ dh x;hA rnqijkar ftyk fÓk{kk vfèkdkjh ds vknsÓk Øekad 2664 fnukad 03-12-1968 }kjk ;kfpdkFkhZ dh tUe frfFk laÓkksfèkr dj 15-09-1954 ntZ dh x;hA bl izdkj LdkWyj jftLVj esa ;kfpdkFkhZ dh tUe frfFk vc 15-09-1954 vafdr gSA jsdkMZ miyC/k ugha gksus dh otg ;kfpdk esa of.kZr vU; vfHkdFkuksa ,oa i=kpkj ds laca/k esa dksbZ fVii.kh djuk laHko ugha gSA vr% rF;kRed izfrosnu ds laca/k esa mi;qZä lwpuk izsf"kr dj ys[k gS fd vki vkoÓ;d foHkkxh; izfrj{k.k dh dk;Zokgh lEikfnr djkosaA g@& ftyk fÓk{kk vf/kdkjh (ek/;) fÓk{kk foHkkx] tks/kiqjAÞ 13. A copy of the Scholar’s Register, Annex.-R/1 is appended to the present order passed in the writ petition as SCHEDULE-A. Appended Schedule-A shall form part of the present judgment/order. 14. According to communication dt. 30.07.1981, Annex.-5 to the writ petition, it is obvious that the matter is pending with the Board and the Board has taken the excuse that for want of original letter dt. 03.12.1968 the decision as to correction of date of birth of the petitioner in the Secondary School Examination certificate could not be taken. 14. According to communication dt. 30.07.1981, Annex.-5 to the writ petition, it is obvious that the matter is pending with the Board and the Board has taken the excuse that for want of original letter dt. 03.12.1968 the decision as to correction of date of birth of the petitioner in the Secondary School Examination certificate could not be taken. Annex.-5 to the writ petition, addressed by the Secretary, Board of Secondary Education, Rajasthan, Ajmer to Shri P.R. Purohit, Advocate reads as follows: ßfo"k;% Nk= ujsÓk tksÓkh ukekad 73848@69 ds tUefrfFk laÓkks/ku ds izdj.k ckcr vkids uksfVl fnukad 07-07-1981 ds lUnHkZ esaA egksn;] mijksä fo"k;kafdr uksfVl esa mYysf[kr Nk= ujsÓk tksÓkh dh tUefrfFk laÓkks/ku dk ekeyk bl dk;kZy; esa iz/kkuk/;kid] jktdh; uohu ek/;fed fo|ky;] tks/kiqj }kjk ftyk fÓk{kk vf/kdkjh] tks/kiqj ds vknsÓk Øekad 2664 fnukad 03-12-1968 dh ewy izfr izkIr ugha gksus ds dkj.k iSafMax py jgk gSA bu vknsÓkksa ds fcuk laÓkks/ku laHko ughaA d`i;k rn~uqlkj vius O;ogkjh dks vkoÓ;d funsZÓk nsus dk Je djsa fd og mä vknsÓkksa dh ewy izfr bl dk;kZy; dks fHktokus dh O;oLFkk djsa] rHkh laÓkks/ku lEHko gksxkA Hkonh; g@& lfpo 22.07.1981" 15. Having considered these facts and circumstances, I advert to the reply filed by respondents No.1 and 2. In their reply, as afore-quoted, the respondents have categorically admitted that the petitioner was given admission in 9th class on 29.06.1967 and after passing Secondary Examination he left the school on 05.07.1969. It is further admitted that at the time of admission, the date of birth of the petitioner was mentioned as 01.11.1953 but his date of birth was amended as 15.09.1954 as per order dt. 03.12.1968 passed by the Distt. Education Officer and in the scholars register, the date of birth of the petitioner was mentioned as 15.09.1954. The respondents have placed on record copy of the scholar register. 16. For three decades, the matter has remained pending consideration with the Board and, now, learned counsel for the Board has prayed that since the respondent Education Department admits the factual position in the writ petition, the matter may be remitted to the Board for final decision. Since there is no dispute as to correct date of birth of the petitioner and, upon admission of the factual averments of the petitioner made in the writ petition by the respondents No.1 and 2, equities preponderantly weigh in favour of the petitioner. Since there is no dispute as to correct date of birth of the petitioner and, upon admission of the factual averments of the petitioner made in the writ petition by the respondents No.1 and 2, equities preponderantly weigh in favour of the petitioner. The respondent Board has taken its time and kept sitting over the matter for three decades without arriving at any concrete decision. In the circumstances, it is not necessary to remit the matter to the Board. 17. In view of the above facts and circumstances, the writ petition is allowed. Respondent No.3 Board of Secondary Education, Rajasthan, Ajmer is directed to correct Annex.-1 Secondary School Examination, 1969 certificate issued to the petitioner by effecting correction in the date of birth of the petitioner as mentioned in the scholar register Annex.-R/1 and issue corrected certificate to the petitioner within a period of two months from the date of receipt of a copy of this order. 18. There shall, however, be no order as to costs.