ORAL ORDER Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. However, despite issuance of notice to the opposite party nos. 2 and 3 by an order darted 7.12.2011 passed by a Bench of this Court, and despite valid service of notice upon them, they have chosen not to appear in this matter and to contest the issues raised on behalf of the petitioner. 2. The petitioner, being the informant of the criminal case, has preferred the present revision application under section 53 of The Juvenile Justice (Care and Protection of Children) Act, 2000 ( in short “the Act”), questioning the validity and correctness of the order dated 12.7.2010 passed by the learned Juvenile Justice Board, Saran at Chapra in Juvenile Enquiry No. 280 of 2010, arising out of Garkha P.S.Case No. 79 of 2010 whereby the opposite party nos. 2 and 3 have been declared juvenile under the meaning of Section 2(k) of the Act.. He has also challenged the appellate order dated 11th May, 2011, passed in Juvenile Appeal No. 38 of 2010 by the learned 2nd Additional Sessions Judge, Saran at Chapra by which appeal filed by the petitioner was dismissed and impugned original order dated 12.7.2010 was affirmed. 3. Learned counsel appearing on behalf of the petitioner submits that for the purpose of determination of age of an accused, who claims to be juvenile under the meaning of the Act, a procedure has been prescribed under Rule 12 of The Juvenile Justice ( Care and Protection of Children) Rules, 2007 (in short “the Rules”). It is the case of the petitioner that before passing the impugned order dated 12.7.2010 declaring the opposite party nos. 2 and 3 to be juvenile, the mandate of rule 12 of the Rules has not been complied with and, therefore, the impugned original order dated 12.7.2010, as also the impugned appellate order dated 11th May, 2011, are required to be set aside. It is also the case of the petitioner that neither the matriculation or equivalent certificate nor the date of birth certificates from the school first attended by the opposite party nos. 2 and 3 were either produced or were available before the learned Juvenile Justice Board. It is also the case of the petitioner that neither the matriculation or equivalent certificate nor the date of birth certificates from the school first attended by the opposite party nos. 2 and 3 were either produced or were available before the learned Juvenile Justice Board. It is next contended that no birth certificates either issued by a Corporation or a Municipal authority or a Gram Panchayat were produced by the opposite party nos. 2 and 3, therefore, in the submissions of the learned counsel for the petitioner, learned Juvenile Justice Board was required to issue direction for constitution of a Medical Board for seeking its opinion about the age of the opposite party nos. 2 and 3 before declaring them as juvenile, under the meaning of the Act. 4. Learned Additional Public Prosecutor appearing on behalf of the State has fairly conceded that the mandate of Rule 12 of the Rules has not been followed by the learned Juvenile Justice Board. As recorded above, despite valid service of notice, the opposite party nos. 2 and 3 have not entered appearance and have not contested the matter. 5. After having heard the parties and on perusal of the materials available on the record, as also on examination of the impugned orders passed by the learned courts below, this Court finds that no certificate regarding age of opposite party no. 3 was at all produced before the learned Juvenile Justice Board. A claim was made that opposite party no.3 happens to be the younger brother of the opposite party no.2. However, a school leaving certificate of opposite party no.2 and an admit card for Matriculation Examination were produced in support of age of opposite party no.2, and only on the basis of these two documents opposite party no.2 was declared juvenile. The opposite party no.3 was also declared juvenile on the ground that he is younger brother of opposite party no.2. The learned lower appellate court has dismissed the appeal preferred by the petitioner without examining the scheme, scope and mandate of the Act and Rule 12 of the Rules. 6. In order to appreciate the issues raised on behalf of the petitioner and to test the validity and correctness of the impugned orders, it would be relevant to reproduce Rule 12 of the Rules, which reads as follows:- “12. 6. In order to appreciate the issues raised on behalf of the petitioner and to test the validity and correctness of the impugned orders, it would be relevant to reproduce Rule 12 of the Rules, which reads as follows:- “12. Procedure to be followed in determination of age-(1) In every case concerning a child or a juvenile in conflict with law, the Court or the Board, as the case may be, the Committee referred to in rule 19 of these rules shall determine the age of such juvenile or child or a juvenile in conflict with law within a period of thirty days from the date of making of the application for that purpose. (2) The court or the Board, as the case may be, the Committee shall decide the juvenility or otherwise of the juvenile or the child or, as the case may be, the juvenile in conflict with law, prima facie on the basis of physical appearances or documents, if available, and send him to the observation home or in jail. (3) In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the Court or the Board or, as the case may be, the Committee by seeking evidence by obtaining- (a)(i) the matriculation or equivalent certificates, if available; and in the absence whereof; (ii) the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof; (iii) the birth certificate given by a corporation or a municipal authority or a panchayat; (b) and only in the absence of either (i),(ii) or (iii) of clause (a) above, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year, and, while passing orders in such case shall, after taking into consideration such evidence as may be available, or the medical opinion, as the case may be, record a finding in respect of his age and either of the evidence specified in any of the clauses (a)(i), (ii), (iii) or in the absence whereof, clause (b) shall be the conclusive proof of the age as regards such child or the juvenile in conflict with law. (4) If the age of a juvenile or child or the juvenile in conflict with law is found to be below 18 years on the date of offence, on the basis of any of the conclusive proof specified in sub-rule (3), the Court or the Board or, as the case may be, the Committee shall in writing pass an order stating the age and declaring the status of juvenility or otherwise, for the purpose of the Act and these rules and a copy of the order shall be given to such juvenile or the person concerned. (5) Save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7-A, section 64 of the Act and these rules, and no further inquiry shall be conducted by the Court or the Board after examining and obtaining the certificate or any other documentary proof referred to in sub-rule (3) of this rule. (6) The provisions contained in this rule shall also apply to those disposed off cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub-rule (3) and the Act, requiring dispensation of the sentence under the Act for passing appropriate order in the interest of the juvenile in conflict with law.” 7. (6) The provisions contained in this rule shall also apply to those disposed off cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub-rule (3) and the Act, requiring dispensation of the sentence under the Act for passing appropriate order in the interest of the juvenile in conflict with law.” 7. From the reading of Rule 12 (2) of the Rules, it is apparent that for the purpose of remanding an accused either to an Observation Home or to a jail, the court or the Juvenile Justice Board, as the case may be, prima facie will come to a conclusion about the juvenility or otherwise of an accused either on the basis of physical appearances of accused or by looking into the documents, if available at that time. However, for determining the age of an accused for deciding the claim of his juvenility, the procedures prescribed under Rule 12(3) of the Rules are required to be necessarily followed. At the first instance, a court or the Juvenile Justice Board or a Child Welfare Committee is obliged to examine the matriculation or equivalent certificate and if that is available, then determination of age is required to be made as per the entry made in that certificate, but in absence of matriculation or equivalent certificate, the age can be determined by looking into the date of birth certificate issued by the school ( excluding the play school), which was first attended by the accused; and in absence thereof, the birth certificate issued either by a Corporation or a Municipal authority or a Gram Panchayat is required to be looked into. If any of the above three types of documents are not available, only in that case the medical opinion is required to be obtained by getting a Medical Board constituted. The procedure prescribed under Rule 12 of the Rules is required to be strictly followed for the purpose of determination of age of an accused claiming to be child or juvenile or juvenile in conflict with law. Rule 12 (5) of the Rules, save and except in the case of Section 7A or Section 64 of the Act and these Rules, prohibits any further inquiry either by the court or the Board for deciding the age of a child or juvenile. Rule 12 (5) of the Rules, save and except in the case of Section 7A or Section 64 of the Act and these Rules, prohibits any further inquiry either by the court or the Board for deciding the age of a child or juvenile. The certificates or any documentary proof referred to in Rule 12(3) of the Rules are required to be taken as conclusive proof of age. Any other documents, except the documents referred to in rule 12(3) of the Rules cannot be taken into consideration for determination of age either of juvenile or child or juvenile in conflict with law. 8. Coming to the present case, this Court finds that none of the documents, which could have been used for the purpose of determining the age of opposite party nos. 2 and 3 was available before the learned Juvenile Justice Board. This Court also finds that the Juvenile Justice Board, Saran at Chapra did not issue any direction for constitution of a Medical Board and had not obtained any medical opinion before passing the impugned final order declaring opposite party nos.2 and 3 as juvenile under the meaning of Section 2 (k) of the Act. The learned lower Appellate court has failed to consider the mandate of law and has mechanically affirmed the order passed by the learned Juvenile Justice Board. Therefore, the orders impugned suffer from patent illegalities and procedural irregularities, as the learned courts below have not followed the mandate of the law. 9. For the reasons recorded above, the impugned original order dated 12.7.2010 and the impugned appellate order dated 11th May, 2011 are hereby set aside and the mater is remitted to the learned Juvenile Justice Board, Saran at Chapra for passing a fresh order in accordance with law, particular by following the procedure prescribed under Rule 12 of the Rules. The entire exercise must be completed by the learned Juvenile Justice Board within a period of one month from the date of receipt/production of a copy of this order. 10. The application stands finally disposed of with the observations and directions made above.