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2013 DIGILAW 1535 (RAJ)

Jitendra Kumar Salvi v. State of Rajasthan

2013-09-04

GOVIND MATHUR

body2013
JUDGMENT 1. - This petition for writ came up for orders on an application for early hearing, but looking to the narrow amplitude of the controversy involved, this petition for writ is finally heard today itself with consent of counsel for the parties. 2. This petition for writ is preferred to have a direction for the respondents to correct his date of birth in the Secondary School Examination Certificate and also in the mark sheet of the same examination from 29.2.1978 to 29.8.1978. 3. Briefly stated, facts of the case are that the petitioner took admission in New Government Primary School Bakshigiri, Pratapgarh in first standard on 13.7.1985. At the time of admission he mentioned 29.8.1978 as his date of birth. After leaving the primary school the petitioner took admission in Government Upper Primary School, Lohargali, Pratapgarh in sixth standard on 6.7.1989 and left the school on 11.5.1992. While leaving the school his date of birth was mentioned as 29.2.1978 instead of 29.8.1978 in transfer certificate. On basis of this transfer certificate his date of birth was erroneously mentioned in Secondary School Examination form as 29.2.1978. Accordingly the same was entered in the mark sheet as well as in the Secondary School Examination Certificate. The Head Master of the Government Upper Primary School, Lohargali, Pratapgarh on 10.2.1994 conveyed to the Principal, Government Senior Secondary School, Pratapgarh that the actual date of birth of the petitioner was 29.8.1978 but due to some inadvertence same was marked as 29.2.1978 in transfer certificate. In turn, the Principal, Government Senior Secondary School, Pratapgarh communicated to the Assistant Director (Examination), Board of Secondary Education Rajasthan, Ajmer vide letter dated 10.2.1994 to make necessary corrections in the mark sheet as well as in the certificate concerned. In spite of making necessary clarification by the Principal of Government Senior Secondary School, Pratapgarh no correction was made by the Board of Secondary Education Rajasthan, Ajmer. The petitioner ultimately approached to the Board of Secondary Education Rajasthan, Ajmer but his grievance has not been redressed on the count that as per the applicable norms any change in the date of birth can be made only within a period of two years from the date of issuance of the certificate. Being aggrieved by the same, this petition for writ is preferred. 4. Being aggrieved by the same, this petition for writ is preferred. 4. It is submitted by counsel for the petitioner that the petitioner appeared in Secondary School Examination in the year 1994 and in the same year in the month of August, 1994 itself necessary information was sent by the Principal, Government Senior Secondary School, Pratapgarh to the Board of Secondary Education Rajasthan, Ajmer to make necessary corrections in the records including mark sheet, but of no consequence, as such, the request of the petitioner for change of his date of birth has erroneously been denied by the respondents on the count that no such claim could be entertained after a period of two years. 5. As per reply to the writ petition filed on behalf of the respondents, they received the communication from the school concerned, but in view of the instruction No. 5 of Regulation 21 of Chapter XVI dated 18.12.2010, no change could have been made in the date of birth of the petitioner now in the year 2013. 6. Heard counsel for the parties. 7. The petitioner admittedly appeared in Secondary School Examination in the year 1994 and in the month of August, 1994 the Principal of the school concerned conveyed to the authorities of the Board of Secondary Education Rajasthan, Ajmer for making necessary corrections in the date of birth of the petitioner. The authorities of the Board of Secondary Education Rajasthan, Ajmer did not choose to act upon the request made by the Principal without assigning any just reason. From perusal of the transfer certificate placed on record as well as other documents available on record it is apparent that actual date of birth of the petitioner is 29.8.1978, but the same was erroneously entered in the transfer certificate as 29.2.1978. This error was rectified and the Principal, Government Senior Secondary School, Pratapgarh conveyed to the Board of Secondary Education Rajasthan, Ajmer for making necessary corrections. The Board of Secondary Education Rajasthan, Ajmer should have made that correction in the year 1994 itself on receiving necessary recommendation by the Principal of the school, but that was not done. The condition now brought to be effected would have not been available then, as such, now the condition for altering the date of birth within the period of two years, if be applied, then that shall be nothing but an unjust and arbitrary exercise of authority. The condition now brought to be effected would have not been available then, as such, now the condition for altering the date of birth within the period of two years, if be applied, then that shall be nothing but an unjust and arbitrary exercise of authority. 8. Having considered all the facts of the case this petition for writ deserves acceptance. Accordingly, the same is allowed. The respondents are directed to treat 29.8.1978 as date of birth of the petitioner and necessary corrections be made accordingly in the Secondary School Examination Certificate and the mark sheet of the same examination.Writ Petition Allowed. *******