Rajesh Ratna v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4120 of 2019 ====================================================== Rajesh Ratna, aged 17 years, Gender-Male, S/o Late Shaheed Rajesh Kumar, under the Natural guardianship of mother namely Laxmi Devi, aged about 38 years, D/o Shiv Kumar Singh, Hiramiya Rosera, Ward No.02, Rosera, P.S.- Rosera, Dist.-Samastipur. PIN-848210 ... ... Petitioner

Versus

1. The Union of India through the Principal Secretary, Human Resources Department, Govt. of India, New Delhi.

2. The Secretary, Central Board of Secondary Education, New Delhi.

3. The Regional Officer, Regional Office, Central Board of Secondary Education, Patna.

4. The Controller of Examination, Central Board of Secondary Education, Patna.

5. The Section Officer (M&M), Central Board of Secondary Education, Patna.

6. The Principal, Sundri Devi Saraswati Vidya Mandir, Bataha, via-Rosera, P.S.-Udaypur, Samastipur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad, Adv.

For the Respondent/s :

Mr. Vinay Krishna Tripathy, Adv.

For the Union of India : Mr. Arvind Kumar Tewary, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 12-07-2022 Heard the parties.

For the change of Date of Birth, this Court would not have the necessary infrastructure to examine the issue as essentially it is a question of fact which requires to be adjudicated and conclusion has to be drawn on the basis of evidence brought before the Court.

Granting liberty to the petitioner to approach the Civil Court for the said purpose, the writ petition is dismissed. However, it is made clear that if any suit is filed, the

Patna High Court CWJC No.4120 of 2019(3) dt.12-07-2022 2/2 same shall be expeditiously disposed of preferably within a period of one year.

(Sanjeev Prakash Sharma, J) amit/- Item no.47 U