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Allahabad High Court · body

2011 DIGILAW 2419 (ALL)

SAIFUL ISLAM JAFRI v. UNION OF INDIA

2011-10-18

V.K.SHUKLA

body2011
JUDGMENT Hon’ble V.K. Shukla, J.—Petitioner has rushed to this Court with request for correction of his date of birth as 13.4.1991 in place of 8.2.1990 in the certificate of Council for India School Certificate 10th Class. 2. Petitioner has stated that he had earlier studied at St. Joseph Convent High School, Mosa Boni Mines, Jharkhand and further mention has been made by him that his date of birth was recorded as 13.4.1991 at the first instance. Petitioner has stated that thereafter his date of birth was incorrectly recorded in his progress report of the year 1998-99 as 8.2.1990 whereas in the earlier year same has been rightly recorded as 13.4.1991. Petitioner has stated that in the year 2002 Transfer Certificate was issued from the institution and therein his date of birth has been recorded as 8.2.1990 according to admission register. Petitioner on the strength of transfer certificate got himself admitted at St. Joseph’s College, Tashkent Road, Allahabad and petitioner has pursued his studies therein since year 2002 from Class 6th and thereafter passed his Indian Certificate Secondary Education Examination from the said college and thereafter in the year 2008, in the said certificate also his date of birth has been recorded as 8.2.1990. Petitioner thereafter on 17.8.2010 woke up for getting his date of birth changed as 8.2.1990 and for this purpose an application addressed to the Principal St. Joseph’s College has been moved requesting therein that his date of birth has been wrongly entered inadvertently in the transfer certificate as 8.2.1990 whereas his actual date of birth is 13.4.1991. Petitioner has stated that he got transfer certificate corrected and then requested for necessary change. Said request of the petitioner has been turned down by the Council for the ISCE Examination on the ground that it was time barred. At this juncture present writ petition in question has been filed. 3. Supplementary affidavit has also been filed by the petitioner. 4. Sri S. I Ansari, learned counsel for the petitioner contended that in the present case there is error apparent while recording date of birth and said fact is fortified from the progress report filed at page 19 of paper book and further concern institution has rectified the said mistake in transfer certificate, as such writ petition deserves to be allowed. 5. 5. Countering the said submission Sri Pratik Nagar, Advocate contended that petitioner has acquiesced to date of birth as 8.2.1990 when progress report was issued in his favour showing his date of birth as 8.2.1990 and said date of birth continued to hold the field for all these time, as such such belated claim cannot be accepted. 6. After respective arguments have been advanced factual position which is emerging in the present case that at page 17 of the paper book in progress report of the year 1995-96, date of birth has been recorded as 13.4.1991 and in the progress report of the year 1999-98 date of birth has been recorded as 8.2.1990. Petitioner remained in the said institution for next three years and at no point of time any attempt or endeavour was made by him to get the said date of birth changed. Not only this Transfer Certificate issued clearly proceeded to mention that his date of birth recorded in the admission register in figures is 8.2.1990 and same in words also it is the same. Petitioner based on the same took admission at St. Joseph’s College, Allahabad and therein also got same date of birth recorded in the school register and other records and has also undertaken examination conducted by the Indian Certificate of Secondary Education Examination and in the examination form also same date of birth has been filled by him and based on the same result has also been declared in academic session 2008 and therein clearly said date of birth has been certified by the Head of the School at the time of registration. Once date of birth as 8.2.1990 holds the field since year 1998 then from the own showing of the petitioner he had acquiesced to the same and subsequent correction in transfer certificate in noway would be to the advantage and benefit of petitioners. 7. Under Regulation and Syllabuses of Indian Certificate of Secondary Education Examination correction can be examined provided the application is made within a period of one year of passing the ISCE Examination and beyond one year when there is order of Civil Court. 7. Under Regulation and Syllabuses of Indian Certificate of Secondary Education Examination correction can be examined provided the application is made within a period of one year of passing the ISCE Examination and beyond one year when there is order of Civil Court. Said period has already been over, and there is no order of any civil Court, in such a situation opinion which has been formed cannot be said to be faulty and in the fact of the case it is to be accepted that petitioner acquiesced to the date of birth as 8.2.1990 being correct date of birth and clearly belated claim has been sought to be raised by him. In such a situation and in this background no relief can be accorded to the petitioner. 8. Consequently, writ petition is dismissed. —————