Md. Aftab Alam v. The Bihar School Examination Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20069 of 2016 ====================================================== Md. Aftab Alam, Son of Izhar Ahmad R/o Village- Majhaul, P.O.- Shahpur Majhaul, P.S.- Nauhatta, District- Saharsa.

.... .... Petitioner

Versus

1. The Bihar School Examination Board through its Chairman Budhmarg Patna.

2. Secretary, Bihar School Examination Board Budhmarg Patna.

3. Headmaster Manohar High School Saharsa P.S. & District- Saharsa. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Diwakar Prasad Singh, Advocate For the Board : Mr. Ajay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-12-2017 The petitioner had passed matriculation examination in the year 2004. Matriculation certificate had, accordingly, been issued with his date of birth as 16.12.1989. It is the case of the petitioner that he has passed Fauquania Examination in the year 2002. In the certificate issued by the Bihar State Madarsa Education Board of having passed Fauquania Examination, date of birth of the petitioner has been shown as 31.1.1987. This writ application has been filed seeking direction to the respondent Bihar School Examination Board to shift back the date of birth of the petitioner to 31.1.1987 as recorded in the certificate of Fauquania Examination from 16.12.1989 as recorded in the certificate of Matriculation Examination.

Patna High Court CWJC No.20069 of 2016 (2) dt.06-12-2017 2/2 The only basis of the petitioner's claim is entry made in the certificate issued by Bihar State Madarsa Education Board of having passed Fauquania Examination, for correction of date of birth in the certificate issued by Bihar School Examination Board. The Bihar School Examination Board has filed counter affidavit and has resisted the petitioner's claim. The Board has relied on resolution adopted by it on 27.9.2006 whereby it had been decided that no steps shall be taken for change of date of birth after ten years.

I do not find any justification for entertaining the writ application. Apparently, the petitioner has raised the issue after merely 14 years. Secondly, the petitioner's plea based on the entry made in Fauquania certificate is not acceptable to this court. There is no merit in this application.

This application stands rejected.

(Chakradhari Sharan Singh, J) N.H./- U