Kanchan Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18302 of 2014 ====================================================== Kanchan Kumari D/o Upendra Prasad now Dead W/o Vinod Kumar Resident of village - Rampur, District - Lakhisarai, At Present of village - Kaithwara, P.O. Karma, through - Sikandra, District - Jamui ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bihar School Examination Board, Patna through its Chairman 3.

The Secretary Bihar School Examination Board, Patna 4.

The Director Secondary Education, Bihar, Patna 5.

The District Education officer, Lakhisarai 6.

The District Program Officer, Lakhisarai 7.

The Block Education Officer, Surya Garha, Lakhisarai 8.

The Head Master, Sri Govind High School, Manorampur, Suryagarha, Lakhisarai 9.

The Head Master, Middle School, Rampur, Suryagarha, Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Respondent/s :

Ms. Binita Singh, GP-31 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2024

1. Heard learned Counsel for the parties concerned.

2. Learned counsel for the petitioner confined his prayer only for correction of date of birth mentioned in the Matriculation Certificate as 01.03.1970 instead of 29.02.1970. As per the application of the petitioner, dated 21.02.2011, forwarded by the Headmaster of Sri Govind High School, Manorampur, Suryagarha, Lakhisarai, the date of birth of the petitioner is 01.03.1970 instead of

Patna High Court CWJC No.18302 of 2014(13) dt.08-04-2024 2/3 29.02.1970, as the year 1970 was not a leap year and the date of 29th February was not appearing in the year 1970.

3. Learned counsel for the Bihar School Examination Board, Patna (hereinafter referred to as " the Board" ) submits that it is correct that 29th February was not a date appearing in 1970. The application of the petitioner forwarded by the Headmaster of the school for correction of the date of birth from 29.02.1970 to 01.03.1970 was considered by the Board and the Board has already forwarded a letter to the Headmaster of the school dated 16.01.2014 (Annexure- D to counter affidavit of Board) but thereafter, no reply has come from the side of the Headmaster.

4. If the response of the Headmaster of the School on the letter, dated 16.01.2014, (Annexure-D to the counter affidavit of the Board) is received, the Board shall take necessary action in this regard in accordance with law.

5. Having regard to the submissions of the parties Headmaster (respondent no. 9) is directed to forward before the Board the corrected date of birth of the petitioner from 29.02.1970 to 01.03.1970 treating it to be human error as early as possible, preferably within a

Patna High Court CWJC No.18302 of 2014(13) dt.08-04-2024 3/3 period of two months from the date of receipt of this order.

6. After receipt of the corrected date of birth, the Board shall be obliged to take a decision within a further period of two months for correction of date of birth of the petitioner from 29.02.1970 to 01.03.1970.

7. With the aforesaid observations and direction, this writ application is disposed.

(Anil Kumar Sinha, J) Sudha/- U