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Patna High CourtCWJC/18542/2015dismissed

Md. Hasibur Rahman v. The State Of Bihar And ORS

2017-04-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18542 of 2015 =========================================================== Md. Hasibur Rahman Son of Late SK. Azad Hussain resident of village - Garbhaina, P.O. Siklia Salmari, P.S. Azam Nagar, District - Katihar .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna

2. The Chairman, Bihar School Examination Board, Patna

3. The Secretary, Bihar School Examination Board, Patna

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

5. The Principal of A.L. High School, Sonali, P.S. Sonali, District - Katihar .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Vikash Sukla, Advocate Mr. Md. Helal Ahmad, Advocate For the B.S.E.B.

:

Mr. Amrendra Kumar, Advocate For the State :

Mr. Md. Obeidullah, AC to SC-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 04-04-2017 Heard learned counsel for the petitioner, learned counsel for the Bihar School Examination Board, Patna and learned counsel for the State.

The petitioner passed matriculation examination in the year 1982, conducted by Bihar School Examination Board, Patna (in short the "Board"). In his result, his date of birth has been mentioned as 23.02.1962.

The present writ application has been filed on 01.12.2015, seeking direction to the Board to correct his date of birth from 23.02.1962 to 15.07.1965, which, according to the

Patna High Court CWJC No.18542 of 2015 dt.04-04-2017 petitioner, is his correct date of birth.

A counter affidavit has been filed on behalf of the State of Bihar asserting that the date of birth of the petitioner has rightly been recorded on the basis of entry made at the time of filling of application form. School Leaving Certificate has also been brought on record, in which the petitioner's date of birth has been mentioned as 23.02.1962.

At such belated stage, no relief, as sought for by the petitioner, can be allowed, particularly, in view of the stand taken by the respondent State of Bihar.

Accordingly, I find no merit in this application. This application is dismissed as such.

(Chakradhari Sharan Singh, J.) Rajeev/- U