Asif Raza v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1404 of 2017 ====================================================== Asif Raza son of late Ali Raza Resident of G - 126, P.C. Colony, P.S. - Kankarbagh, Patna.

... ... Petitioner/s

Versus

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

2. Central Board of Secondary Education through its Secretary Government of India.

3. The Examination Controller of C.B.S.E., Delhi.

4. The Regional Officer CBSE, Ambika Complex behind SBI Colony, near Brahm Asthan, Sheikhpura, Bailey Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Khurshid Alam For the Respondent/s :

Mr. S.D SANJAY (ADDL. SOC. GEN.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2017 The petitioner had passed Class-X examination held by the Central Board of Secondary Education in the year 2012. In the certificate issued by the CBSE, his date of birth has been entered as 07.10.1996. It is the petitioner's case that his actual date of birth is 07.10.1994, which is entered in his passport and in the birth certificate issued by the Consulate General of Zadda.

2. The petitioner had applied for correction of his date of birth as entered in the certificate issued by the Central Board of

Patna High Court CWJC No.1404 of 2017(2) dt.22-12-2017 2/3 Secondary Education from 07.10.1996 to 07.10.1994. The petitioner's request for such correction in the date of birth has been rejected on the ground that the petitioner's application is time barred.

3. On the date when the petitioner had applied for correction in the date of birth, one year was the maximum period during which the application for correction of this nature, could be made. The said period has now been extended to five years.

4. In that view of the matter, I dispose of this writ application with a direction to the Central Board of Secondary Education, Regional Office, Patna to consider the petitioner's case afresh without raising any question of limitation in view of subsequent decision of the Board to extend the period of limitation to five years.

5. While considering the petitioner's case for correction of the date of birth, the Regional Officer shall be required to take into account the order of this Court dated 23.11.2017 passed in CWJC No. 14587 of 2016.

6. The decision shall be taken within two months from the date when the petitioner makes a formal application afresh for correction in the date of birth along with a copy of the present

Patna High Court CWJC No.1404 of 2017(2) dt.22-12-2017 3/3 order, if such application is made within one month from today.

7. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U