Prabhakar Singh Vs. Bihar School Examination Board and ors.

Prabhakar Singh vs Bihar School Examination Board and ors.

Disposition Petition Allowed Court Patna Decided Apr 12, 2002

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Citation: sooperkanoon.com/138553
Court: Patna High Court
Judge: R.N. Prasad, J.
Decided On: Apr 12, 2002
Case Number: C.W.J.C. No. 4696 of 2002
Subject: ;Constitution
Disposition: Petition Allowed

Case Summary

AI-generated summary - not the official court judgment text.

Education - Date of birth--Correction in Matriculation certificate--Refusal of--Board published in the newspaper that persons who have passed in the year 1997 or before and if there was mistake in the date of birth, might file application for rectification--Thus, petitioner filed application before Board, which was ...

Key legal issue: ;Constitution
Outcome / disposition: Petition Allowed

Parties & Advocates

Appellant / Petitioner

Prabhakar Singh

Respondent

Bihar School Examination Board and ors.

Excerpt

education - date of birth--correction in matriculation certificate--refusal of--board published in the newspaper that persons who have passed in the year 1997 or before and if there was mistake in the date of birth, might file application for rectification--thus, petitioner filed application before board, which was rejected on the ground that some papers were not filed and in some papers, there was overwriting--held, refusal in correction of date of birth in matriculation certificate on that ground, illegal--because authority should have bailed for original documents. - .....mentioned as 1.1.1961. news was published in the newspaper, namely, the 'arya varta' on 12.1.1999 issued under the signature of the secretary of the board that the persons who have passed in the year 1997 or before and if there is mistake in the date of birth, such persons may file application for rectification. the petitioner thus filed petition before the board for rectification of his date of birth. he annexed relevant documents for correction with the petition. however, the board rejected his prayer for modification in the date of birth in matriculation certificate vide order dated 26.7.2000, annexure-4. the petitioner has challenged the order, annexure-4, and also made prayer for issue of direction for correction of his date of birth.2. it appears from the order, annexure-4, that claim of the petitioner was rejected on the ground that some papers were not filed and in some papers, there was some over-writing. however, those papers were typed copy. for instance, in the photo copy of the school admission register there is no cutting/over-writing. however, in the typed copy there is over-writing and as such the authority should have called for original documents and then order should have been passed.3. in such a situation, the writ petition is allowed. the order, annexure-4, is hereby quashed. the matter is remitted to the authority concerned who will call for the original document from the school and after verification from the register shall pass necessary order in accordance with law with respect to claim of the petitioner for modification in the date of birth. however, the entire exercise must be completed with six months.

Full Judgment

R.N. Prasad, J.

1. The petitioner appeared in the Bihar Secondary, School examination in the year 1975. His result was published. According to the petitioner, he filed petition before the Board for correction of date of birth in the matriculation certificate. The date of birth was 1.1.1961 instead of 1.1.1951. His elder brother's date of birth is 1.1.1955. In the documents of the school, his date of birth was correctly mentioned as 1.1.1961. News was published in the newspaper, namely, the 'Arya Varta' on 12.1.1999 issued under the Signature of the Secretary of the Board that the persons who have passed in the year 1997 or before and if there is mistake in the date of birth, such persons may file application for rectification. The petitioner thus filed petition before the Board for rectification of his date of birth. He annexed relevant documents for correction with the petition. However, the Board rejected his prayer for modification in the date of birth in matriculation certificate vide order dated 26.7.2000, Annexure-4. The petitioner has challenged the order, Annexure-4, and also made prayer for issue of direction for correction of his date of birth.

2. It appears from the order, Annexure-4, that claim of the petitioner was rejected on the ground that some papers were not filed and in some papers, there was some over-writing. However, those papers were typed copy. For instance, in the photo copy of the school admission register there is no cutting/over-writing. However, in the typed copy there is over-writing and as such the authority should have called for original documents and then order should have been passed.

3. In such a situation, the writ petition is allowed. The order, Annexure-4, is hereby quashed. The matter is remitted to the authority concerned who will call for the original document from the school and after verification from the register shall pass necessary order in accordance with law with respect to claim of the petitioner for modification in the date of birth. However, the entire exercise must be completed with six months.

Same Court & Year Patna · 2002 Same Parties Prabhakar Singh vs Bihar School Examination Board and ors. Same Subject ;Constitution Same Judge R.N. Prasad, J.

;Constitution