Shobhit Saurabh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6891 of 2020 ====================================================== Shobhit Saurabh Son of Murari Prasad Mahato Resident of Baheri, P.O. and P.S. Baheri, District- Darbhanga, Bihar- 847105. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The District Magistrate-cum-Chief Statistical Officer, Darbhanga. 3.
The District Statistical Officer, Darbhanga.
4.
The Block Development Officer, Baheri, District- Darbhanga. 5.
The Panchayat Secretary, Baheri East Gram Panchayat, District- Darbhanga. 6.
The Block Statistical Officer, Baheri, District- Darbhanga. 7.
The Headmaster, Girls Middle School, Baheri, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Respondent/s :
Ms. Abhanjali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2024 Heard learned counsels for the parties.
2.
The present writ application has been filed on behalf of the petitioner for the following reliefs:- (i) For commanding the District Magistrate, Darbhanga to pass an order for issuance of date of birth certificate in favour of the petitioner after conducting Medical Board under the chairmanship of Civil Surgeon-cum-Chief Medical Officer, Darbhanga.
(ii) For quashing the letter issued vide memo no.2178 dated 23.12.1999 by the Block Development Officer, Baheri as well as letter no.04
Patna High Court CWJC No.6891 of 2020(4) dt.30-09-2024 2/3 dated 21.01.2020 issued by the Panchayat Secretary, Baheri East Gram Panchayat, whereby and whereunder the order was issued to Panchayat Secretary, Baheri East to cancel the date of birth certificate issued by the Panchayat Secretary, Baheri East taking the false and fabricated ground that the petitioner's date of birth mentioned in the school register defers from the other documents is irresponsible and without any authentication denying record that the petitioner has not even pass matriculation examination nor even pass the middle class and petitioner's date of birth certificate being disputed on false and fabricated ground which is not tenable in the eyes of law and in terms of the guidelines and law relating to issuance of date of birth certificate after obtaining guidelines from the District Statistical Officer, Darbhanga who is competent authority for issuance of birth certificate.
(iii) For issuing any other direction which this Court may deem fit and proper in the facts and circumstances of the case.
3.
Considering the Annexure-B of the counter affidavit filed on behalf of the respondent no.2, 4 and 5, petitioner is directed to file a detailed representation before the District Magistrate, Darbhanga and the District Magistrate Darbhanga is directed to constitute a Medical Board within a period of three weeks from the date of receiving of representation of the petitioner. And the
Patna High Court CWJC No.6891 of 2020(4) dt.30-09-2024 3/3 Medical Board is directed to assess the correct age of the petitioner.
4.
With the aforesaid direction, this writ application stands disposed of.
(Anjani Kumar Sharan, J) shikha/- U