JUDGMENT : Alok Sharma, J. 1. This is another petition seeking neither the protection of a legal and/or fundamental right or enforcement of a statutory duty but invoking the equitable jurisdiction of this Court on the ground of mitigating the petitioner's hardship albeit attributable to himself. 2. The case set up by the petitioner is that he passed the 8th Class Examination in the year 2008 and in the Certificate and Marks sheet issued by District Education and Training Institute (hereafter, 'DEIT') Bharatpur, his date of birth was incorrectly recorded as 25.11.1995. This was again so in the petitioner's Certificate and mark sheet of Class 10th following the secondary school examination 2010 conducted by the Board of Secondary Education, Rajasthan (hereafter 'Board"). It has been submitted that the Birth-Death Registration certification indicating 6.6.1994 to be the petitioner's date of birth is correct. This fact is also established as the father of the petitioner expired on 3.8.1994 and in the event of the date of birth of the petitioner being taken as 25.11.1995 it would entail the embarrassing consequence of the petitioner being born after 15 months from the date of death of his father. An obvious impossibility. It has been submitted that in the circumstances on an application made DEIT issued the amended certificate and marks sheet of class 8 Board Examination, 2008 with the date of birth of the petitioner recorded as 6.6.1994, yet despite an application for correction in the date of birth of the petitioner in the Certificate and Marks sheet of Secondary Examination submitted to the Board, requisite correction has not been made. Resultantly the petitioner is being severely prejudiced. Hence, this petition. 3. The Board's defence to the petition is that while a student of Shri Girraj VMS Senior Secondary School, Deeg (Bharatpur) and in the examination form filled in by the petitioner, as sent to the Board, his date of birth was stated to be 25.11.1995. That is the basis of the petitioner's date of birth recorded in the Certificate and Marks sheet of Secondary School Examination, 2010 issued by the Board. That is the basis of the petitioner's date of birth recorded in the Certificate and Marks sheet of Secondary School Examination, 2010 issued by the Board. It has been submitted that in terms of the regulation of the Board any correction in the student's name, name of mother/father/surname/date of birth in the mark-sheet or Certificate or Certificate with Marks sheet issued by the Board could be sought within a period of 2 years from the date of issue of the marks sheet. The requisite application by the petitioner was not made in time but after 5 years of the issue of the marks sheet/certificate. Further the date of birth recorded in the marks sheet and certificate following the secondary examination is as stated by the petitioner, and he has to live with it. It was submitted that in any event change in the date of birth cannot be resolved in a petition under Article 226 of the Constitution of India and for the purpose the petitioner would be well advised to lay a suit for declaration, lead requisite evidence and obtain a declaratory decree from a competent civil court. Heard. Considered. 4. A perusal of the amended mark sheet of the Class-8th Board Examination, 2008 indicates that the petitioner's date of birth has been recorded as 6.6.1994 so does indicate the birth certificate issued by the competent authority under the birth and death registration. It appears that however through his school and when the petitioner filled in the examination form of Secondary Examination, he incorrectly mentioned his DOB as 25.11.1995 instead of 6.6.1994. The Secondary School Certificate and marks sheet hence came to be so issued recording the date of birth of the petitioner as 25.11.1995. 5. But that cannot be the end of the matter and the petitioner left abandoned in a clued sac. The Board's regulation allows for correction of errors in the candidates' date of birth and other details set out in his Secondary School mark sheet or Certificate or Certificate with Marks sheet for upto 2 years. 5. But that cannot be the end of the matter and the petitioner left abandoned in a clued sac. The Board's regulation allows for correction of errors in the candidates' date of birth and other details set out in his Secondary School mark sheet or Certificate or Certificate with Marks sheet for upto 2 years. Albeit, the mother of petitioner submitted an application to District Education Officer, Bharatpur for correction in the date of birth of the petitioner well within time on 5.3.2012, but since he had no authority to correct the date of birth of the petitioner, the application for correction in the date of birth of petitioner was again submitted after 3 years by his mother to the respondent School/Board. In my considered view the limitation of 2 years in the Board's regulation for correction of errors in the student's date of birth in his mark sheet/certificate/certificate cum marks sheet issued by the Board is a mere rule of procedure and as such cannot be construed as mandatory and binding, prohibiting the Board from making necessary corrections in the certificate with marks sheet and leaving the student concerned remedy-less to suffer an error, negligent no doubt but not earth shattering, all his life. The discomfiture and inconvenience suffered by the Board in entertaining a belated application for correction/change of the candidate's date of birth in the certificate with mark sheet cannot outweigh the ceaseless prejudice to the petitioner if the necessary correction sought was not permitted. This view is taken by the Court for the reason that in the event of a mismatch in the details of mark sheet of the petitioner in the Secondary School Examination 2010 with other documents such as amended Certificate with Marks sheet of Class-8th and birth certificate it is not inconceivable that he would suffer serious disadvantage/obstruction in prosecuting his life's affairs on day to day basis including of employment. There has to be harmony in the documents of the petitioner such as his Certificate with Marks sheet of Secondary School Examination 2010, and amended Certificate with Marks sheet of 8th class with his other documents of identity as to his date of birth. There has to be harmony in the documents of the petitioner such as his Certificate with Marks sheet of Secondary School Examination 2010, and amended Certificate with Marks sheet of 8th class with his other documents of identity as to his date of birth. The factum of the death of the petitioner's father on 3.8.1994 which has not been denied on the one hand, and his wrongly recorded date of birth i.e. 25.11.19995 (after 15 months) is an anomaly with embarrassing social consequences not only for the petitioner but also his mother. In such a situation the court cannot sit with its hand tied. It has to assert its equitable jurisdiction. And the facts and circumstances of the case cry out for the exercise of the equitable extraordinary jurisdiction of this court. 6. I would therefore direct that application for correction in the date of birth of the petitioner be considered and disposed of afresh by the Board taking into consideration all facts recorded above and as it may further require the petitioner to supply, within a period of three months from the date of receipt of a certified copy of this order. 7. The petition stands disposed of accordingly.