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Allahabad High Court · body

2016 DIGILAW 1324 (ALL)

Arun Kumar Gautam v. Board of H. S. And Intermediate Education

2016-04-08

MANOJ KUMAR GUPTA

body2016
JUDGMENT Manoj Kumar Gupta,J. Heard counsel for the petitioner and learned standing counsel appearing on behalf of the respondents. With their consent, this writ petition is being disposed of finally without inviting a formal counter affidavit. 2. The petitioner had applied for correction of his date of birth as recorded in the certificate of High School Examination, 2006 issued by the Board of High School and Intermediate Education, U.P. Therein, the date of birth is mentioned as 15.8.1984. According to the petitioner, his correct date of birth is 15.8.1987. In order to prove the said fact, the petitioner had placed reliance on the marks sheet, which the Board itself has issued to the petitioner in relation to High School Examination, 2003, in which also the petitioner appeared, but failed. It is submitted on the basis of said document that the mistake was on part of the Board and which ought to have been corrected and for such purposes, there is no limitation prescribed under law. The impugned order only mentions that the file is being consigned without disclosing any reason for rejection of the application. 3. Learned standing counsel appearing on behalf of the State respondents submitted that the Board has to examine whether the mistake was on part of the students or the school authorities or whether it was in the record of the Board. He very fairly admitted that the impugned order does not reflect application of mind by the authorities in this regard. 4. In view of the above, the impugned decision of the Board cannot be sustained and is hereby quashed. The matter is remitted to the second respondent to take fresh decision in accordance with law, having regard to entire material as well as the certificate, which the Board had issued in relation to High School Examination, 2003, wherein the date of birth of the petitioner is recorded as 15.8.1987. The petition stands disposed of accordingly.