Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 1846 (ALL)

Abhishek Kumar Singh v. State of U. P.

2016-05-12

RAN VIJAI SINGH

body2016
JUDGMENT Ran Vijai Singh, J. – Heard Sri O.P. Gupta,learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 16/17.2.2015 passed by the Secretary Madhyamic Shiksha Parishad, Uttar Pradesh, Allahabad (in short 'the Parishad') by which the petitioner's application dated 4.12.2014 for correction of death of birth in the high school certificate from 1.7.1984 to 1.7.1994 has been rejected on the ground that the transfer certificate issued by Sankata Prasad Junior High School Bairampur Varanasi appears to be doubtful. 3. The facts giving rise to this case are that while studying as a regular student in Amar Jyoti Jokhan Inter College, Laskarpur, Varanasi, the petitioner appeared in the High School Examination of the year 2009 and passed in second division. However, in the High School marks-sheet and certificate, his date of birth was shown as 1.7.1984. After declaration of the result, the petitioner has approached the College for correction of date of birth. His application was forwarded to the Parishad for necessary corrections. The Secretary Madhyamic Shiksha Parishad has found that the application of the petitioner is barred by time in view of Regulation 7 of Chapter III of the Board Regulations as the application was received in the office of the Director of Education on 11.9.2013. 4. Aggrieved by this order, the petitioner, herein, has preferred Writ-C No. 57502 of 2014 (Abhishek Kumar Singh v. State of U.P. and others) impleading the Secretary Madhyamic Shiksha Parishad as one of the respondent. The said writ petition was disposed of by this Court vide order dated 27.11.2014 with the direction to the respondent board to pass a fresh order on merits in accordance with law within a period of six weeks without being influenced by delayed application. This order was not challenged by the respondent board and the Board has acted upon by instituting an inquiry through one Sri Mazid, Assistant Secretary, Madhyamic Shiksha Parishad Regional Office Varanasi who has inspected the records of the concerned Institution from where the petitioner has appeared in the examination. This order was not challenged by the respondent board and the Board has acted upon by instituting an inquiry through one Sri Mazid, Assistant Secretary, Madhyamic Shiksha Parishad Regional Office Varanasi who has inspected the records of the concerned Institution from where the petitioner has appeared in the examination. During the course of the inspection of the record, he found certain manipulation in admission in Class IX as the petitioner had been studying somewhere else as per inquiry report in two Institutions simultaneously i.e. Sankata Prasad Junior High School Bahrampur, Varanasi and Purva Madhyamic Vidhyalaya Barthra Kalan Chiraigaon Varanasi. However, one of the important fact which reveals from the inquiry report is that every where i.e. in the records of both the institutions, the date of birth of the petitioner is mentioned as 1.7.1994. 5. The inquiry officer has found that the petitioner, without passing Class IX, has appeared in the High School Examination, however while observing so he also found that date of birth of the petitioner mentioned in the school record is 1.7.1994 and not 1.7.1984 since very beginning as he has taken note of school leaving certificate (in short 'certificate') of the primary school from where the petitioner has passed Class V, in that certificate, his date of birth is mentioned 1.7.1994. 6. It may be noticed that the petitioner has neither been debarred from appearing in the High School Examination nor his result was cancelled on the aforesaid ground. Non passing of IX class could be a ground for not permitting the petitioner to appear in the High School Examination but here the respondents have permitted the petitioner to appear in the examination and declared him successful and the marks-sheet and certificate have also been issued to him. Even after declaration of the result, the petitioner's result has not been cancelled on the ground that he has appeared in the examination by concealing the material facts. 7. Here it is a different case where the correction of date of birth has been sought in the high school certificate on the basis of the transfer certificate filed in the concerned school i.e. Amar Jyoti Jokhan Inter College, Laskarpur. 7. Here it is a different case where the correction of date of birth has been sought in the high school certificate on the basis of the transfer certificate filed in the concerned school i.e. Amar Jyoti Jokhan Inter College, Laskarpur. In my opinion, it was not open for the Secretary Madhyamik Shiksha Parishad to dig out the previous history in order to justify date of birth 1.7.1984, recorded it in the High School certificate and marks-sheet whereas there are no basis to record the same. 8. From the perusal of the entire record, which has been made available to this court i.e. the writ petition, counter and rejoinder affidavits and the inquiry report, annexure 1 to the counter affidavit and other materials, the date of birth of the petitioner is shown as 1.7.1994, therefore, in my considered opinion, the Secretary Madhyamic Shiksha Parishad has travelled beyond the power by instituting such an inquiry for correction of date of birth in High School certificate and marks-sheet. Further no material has either been brought on record justifying the institution of such an inquiry or any statutory provision has been shown to the Court enabling the Secretary of the Parishad for instituting such inquiry for correction of date of birth in High School certificate and marks-sheet. Therefore, the Secretary Madhyamic Shiksha Parishad has erred in passing the impugned order. 9. In the result, the writ petition succeeds and is allowed. The impugned order dated 16/17.2.2015 passed by the Secretary Madhyamic Shiksha Parishad, Uttar Pradesh, Allahabad is hereby quashed. The Secretary Madhyamic Shiksha Parishad, is directed to make necessary correction in the date of birth of the petitioner in the High School certificate and marks-sheet from 1.7.1984 to 1.7.1994 within a period of four weeks from the date of receipt of certified copy of the order of this Court.