Bipin Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7137 of 2020 ====================================================== Bipin Kumar Sinha S/o Late Veda Nand Prasad Sinha R/o Mohalla Mohanpur Punaichak near Devi Asthan, P.S. Shastri Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chairman, Bihar School Examination Board, Bihar, Patna. 3.

The Secretary, Bihar School Examination Board, Bihar, Patna. 4.

The Principal, Miller School, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the State :

Mr.AC to GP 4 For BSEB :

Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2020 Heard learned counsel for the parties.

The petitioner's date of birth was shown in the birth certificate issued by the Bihar School Examination Board (hereinafter referred to as 'the Board') as 17th June, 1959. It appears that some query was made from the Board and the Board has submitted two dates of birth one 17.6.1959 and the other 17.6.1957.

Learned counsel for the petitioner relied upon the Admission Register of Millar High School, now known as Devipad Choudhary Shaheed Smarak (Miller) Inter School, Birchand Patel Path, Patna 800001, to contend that the date of birth of the petitioner at the time of his admission on 13.2.1969

Patna High Court CWJC No.7137 of 2020(2) dt.10-07-2020 2/2 was 17.6.1959. The entry was made on the basis of record of Middle School, Adalatganj.

Considering the aforesaid, the writ petition is disposed of with direction to the Board to summon the Admission Register of Millar School and after summoning the required information, the Secretary of the Board will provide opportunity of hearing to the petitioner and thereafter take appropriate decision with regard to controversy as to actual date of birth of the petitioner. Entire exercise in this regard must be completed by the Secretary of the Board within a period of two months from the date of receipt/production of a copy of this order. The decision after opportunity of hearing and on perusal of the admission register, shall be finally binding on the parties.

With the aforesaid, the writ petition stands disposed of.

Let a copy of this order be communicated to the Secretary, Bihar School Examination Board.

(Anil Kumar Upadhyay, J) spandey/- U