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Allahabad High Court · body

2019 DIGILAW 2714 (ALL)

Reshav Kumar Chahal v. State Of U. P.

2019-12-05

YOGENDRA KUMAR SRIVASTAVA

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JUDGMENT : Yogendra Kumar Srivastava, J. 1. Heard Sri Shailesh Pandey, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents. 2. The present petition has been filed seeking a direction to the respondents to correct the date of birth of the petitioner in the High School Mark Sheet as 01.01.1990 instead of 01.07.1989. 3. Learned counsel for the petitioner submits that as per the Transfer Certificate issued by the Junior High School wherein his date of birth was recorded as 01.07.1989 and in view of the same the date of birth which is shown in the High School Mark Sheet as 01.10.1990 is erroneous and was required to be corrected. 4. Learned Standing Counsel appearing for the State-respondents submits that as per the provisions under Regulation 7 of Chapter III, Part IIB of the Regulations under The U.P. Intermediate Education Act, 1921[the Regulations], the correction in the date of birth is permissible within a period of three years by submitting an application by the candidate through the Principal/Forwarding Officer and a copy of the said application to the Secretary of the Board of High School and Intermediate Education, Uttar Pradesh [the Board], by registered post. It is submitted that in the instant case the petitioner having not filed any such application in the manner aforementioned within the time prescribed his claim with regard to the correction in the date of birth is not permissible. 5. In order to appreciate the controversy notice may be taken of the fact that the Board has been constituted under the provisions of The U.P. Intermediate Education Act, 1921 [the Act, 1921] with powers inter alia to conduct examination at the end of the High School and Intermediate courses. The Board is conferred with the power to make regulations under Section 15 of the Act, 1921 which includes the power to make regulations in respect of the conferment of diplomas and certificates and the conditions under which the candidates shall be admitted to the examinations of the Board and shall be eligible for diplomas and certificates. 6. The Board is conferred with the power to make regulations under Section 15 of the Act, 1921 which includes the power to make regulations in respect of the conferment of diplomas and certificates and the conditions under which the candidates shall be admitted to the examinations of the Board and shall be eligible for diplomas and certificates. 6. Regulation 7 (as substituted on 20.09.2013) contained under Chapter III Part IIB of the Regulations framed under the Act, 1921 which provides the procedure for seeking corrections in the entries made in the certificate issued by the Board, is being extracted below: 7- lfpo ifj"kn dh vksj ls lQy mEehnokjksa dks ifj"kn dh ijh{kk esa mRrh.kZ gksus dk izek.k&i= fofgr izi= esa nsxk vkSj ckn esa mldh izfof"V;ksa esa dksbZ 'kqf) djsxk] c'krsZ fd izek.k&i= esa fdlh ,slh xyr izfof"V] fdlh vfopkfjr fyfidh; Hkwy ;k yksi ds dkj.k ;k fdlh ,slh fyfidh; Hkwy ds dkj.k dh xbZ gks] tks vlko/kkuh ls ifj"kn~ ds Lrj ds ;k ml laLFkk ds tgka ls vfUre ckj f'k{kk izkIr dh gks] Lrj ij vfHkys[k esa gks xbZ gksA ;g 'kqf) lfpo }kjk mlh fLFkfr esa dh tk ldsxh] tcfd vH;FkhZ us lEcfU/kr ijh{kk ds izek.k&i= dks ifj"kn~ }kjk fuxZeu djus dh frfFk ls rhu o"kZ ds vUnj gh fyfidh; =qfV dh vksj /;ku vkd`"V djrs gq, lEcfU/kr iz/kkukpk;Z@vxzlkj.k vf/kdkjh dks =qfV ds la'kks/ku gsrq izkFkZuk&i= izLrqr dj fn;k gks vkSj mldh izfr iathd`r Mkd ls lfpo ifj"kn dks Hkh iszf"kr dh gksA izfrca/k ;g gS fd vH;FkhZ ds vadi= rFkk izek.k&i= esa vH;FkhZ ds uke] firk ds uke vFkok ekrk ds uke esa ;fn dksbZ orZuh =qfV gS rks vH;fFkZ;ksa }kjk ;Fkk le; vkosnu djus ij mls ifj"kn ds lEcfU/kr {ks=h; dk;kZy; ds {ks=h; lfpoksa }kjk izekf.kr lk{;ksa ds vk/kkj ij rRdky 'kq) dj fn;k tk;sxkA^^ The English translation of the aforesaid Regulation 7 would read as follows: 7. The Secretary shall, on behalf of the Board, issue a certificate in the prescribed form to successful candidates of having passed the examination and to make any corrections subsequently in the entries thereof provided that such incorrect entries had been made in the certificate due to any inadvertent clerical error or omission or due to any clerical error which had crept inadvertently at the level of the Board or at the level of the institution last attended. This correction may be made by the Secretary only when the candidate has submitted an application for rectification of the mistake to the Principal/Forwarding Officer concerned within three years from the date of issuance of the certificate by the Board and one copy has also been sent to the Secretary by registered post: Provided that any spelling mistake in the marksheet or the certificate issued to the candidate in regard to the name of the candidate or the name of his father or mother shall be corrected after due verification by the Regional Secretary of the concerned Regional Office at the earliest upon submission of an application by the candidate. 7. The aforementioned Regulation 7 as it stood prior to the substitution made by Notification No.9/539 dated 10.10.2013 published in the U.P. Gazette dated 29.10.2013, was as follows: ^^7- lfpo] ifj"kn dh vksj ls lQy mEehnokjksa dks ifj"kn~ dh ijh{kk esa mRrh.kZ gksus dk izek.k&i= fofgr izi= esa nsxk vkSj ckn esa mldh izfof"V;ksa esa dksbZ 'kqf) djsxk] c'krsZ fd izek.k&i= esa fdlh ,slh xyr izfof"V] fdlh vfopkfjr fyfidh; Hkwy ;k yksi ds dkj.k ;k fdlh iszl fyfidh; Hkwy ds dkj.k dh xbZ gks tks vlko/kkuh ls ifj"kn ds Lrj ds ;k ml laLFkk ds] tgka ls vfUre ckj f'k{kk izkIr dh gks] Lrj ij vfHkys[k esa gks xbZ gksA ;g 'kqf) lfpo }kjk mlh fLFkfr esa dh tk ldsxh tcfd vH;FkhZ us lEcfU/kr ijh{kk ds izek.k&i= dks ifj"kn }kjk fuxZeu djus dh frfFk ls nks o"kZ ds vUnj gh fyfidh; =qfV dh vksj /;ku vkd`"V djrs gq, lEcfU/kr iz/kkukpk;Z@dsUnz O;oLFkkid dks =qfV ds la'kks/ku gsrq izkFkZuk&i= izLrqr dj fn;k gks vkSj mldh izfr iathd`r Mkd ls lfpo] ifj"kn~ dks Hkh iszf"kr dh gksA^^ 8. It is therefore seen that Regulation 7 of Chapter III Part IIB of the Regulations provides for correction of such entries in the certificate which have arisen due to any inadvertent clerical mistake or omission or due to any clerical error which had crept inadvertently at the level of the Board or at the level of institution last attended. It is therefore seen that Regulation 7 of Chapter III Part IIB of the Regulations provides for correction of such entries in the certificate which have arisen due to any inadvertent clerical mistake or omission or due to any clerical error which had crept inadvertently at the level of the Board or at the level of institution last attended. This correction is to be made by the Secretary of the Board and is permissible only when the candidate submits an application for rectification of the mistake to the Principal/Forwarding Officer concerned within the time period of three years from the date of issuance of a certificate by the Board and also sends a copy of the same to the Secretary of the Board by registered post. 9. In the instant case the documents which have been appended on the writ petition do not indicate that the aforementioned procedure as prescribed under Regulation 7 was adhere to and the petitioner had submitted the application for correction of the entry regarding his date of birth in the High School Certificate by submitting an application for rectification to the Principal/Forwarding Officer with a copy thereof and also sent a copy of thereof to the Secretary of the Board by registered post within the stipulated time period, which at the relevant point of time i.e. prior to the substitution of the provision made on 29.10.2013, was two years from the date of issuance of the certificate by the Board. 10. Counsel appearing for the petitioner has not been able to show that any application for rectification in the date of birth had been made by the petitioner within the prescribed time period as per the procedure prescribed under Regulation 7 of Chapter III Part IIB of the Regulations. There is also no material in the writ petition to substantiate that the requirement of the provision contained under the relevant Regulation was complied with by the petitioner. 11. This Court may also take note of the fact that the writ petition itself was filed in the year 2014 raising a grievance with regard to correction of date of birth in the certificate issued by the Board in the year 2004 and there is no plausible explanation for the long delay of almost ten years in filing the writ petition. 12. 12. Having regard to the aforementioned facts and circumstances the petitioner is not entitled to the reliefs as claimed for. 13. Accordingly, the writ petition fails and is dismissed.