Manoj Kumar Jaiswal v. The Chairman, Bihar School Examination Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.381 of 2022 In Civil Writ Jurisdiction Case No.6519 of 2022 ====================================================== Manoj Kumar Jaiswal S/o Ramprit Choudhary, Resident of Mohalla- Scout Lane, Kids Play School, Sikandarpur, Muzaffarpur, District- Muzaffarpur. ... ... Appellant/s

Versus

1.

The Chairman, Bihar School Examination Board Patna. 2.

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

The Deputy Secretary, Bihar School Examination Board, Patna Regional Office Tirhut, Division, Muzaffarpur.

4.

The Examination Controller, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dhaneshwar Prasad Gupta, Advocate Mr. Vikash Jha, Advocate For the Respondent/s :

Mr. P.K. Shahi, Advocate General Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 01-07-2025 The appellant has assailed the order of the learned Single Judge dated 22.06.2022 passed in CWJC No. 6519 of 2022 to rectify his date of birth from 02.01.1969 to that of 02.01.1971. CWJC No. 6519 of 2022 is presented in the year 2022.

2. Learned counsel for the appellant is not aware what is the date of entry into service by the appellant, which is crucial date for the purpose of entertaining the application to rectify the date of birth.

Patna High Court L.P.A No.381 of 2022 dt.01-07-2025 2/2

3. Be that as it may, appellant is stated to have approached the concerned authority to rectify his date of birth in the year 1986 and thereafter keep on submitting representation from time to time. Merely, submission of representation from time to time would not enure benefit of delay and laches to seek writ of mandamus. Moreover, Hon'ble Supreme Court in Karnataka Rural Infrastructure Development Ltd. Vs. T.P. Nataraja & Ors reported in (2021) 12 SCC 27, has held that belated rectification of date of birth in ServiceBook/Matriculation Certificate by an employee is deprecated.

4. In the light of these facts and circumstances, the appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 22.06.2022 passed in CWJC No. 6519 of 2022.

5. Accordingly, LPA stands dismissed.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.07.2025 Transmission Date NA