Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14254 of 2024 ====================================================== Ritesh Kumar S/o Bhushan Singh Parasai Bhaganbigha Noorsari P.O.- Bhaganbigha, Nalanda, Bihar-803118.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Additional Chief Secretary, Education Department, Government of Bihar, Patna. Bhawan, Ground Floor Baily Road (Jawarhar Nehru Marg), Pin-800001.

2.

The Secretary, Bihar School Examination Board 3.

The District Education Officer, Nalanda.

4.

The District Programs Officer, (Establishment) Nalanda. 5.

The Block Education Officer, Noorsarai.

6.

The Principal, Nalanda Collegiate and School Biharsharif ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Rai, Adv.

For the State :

Mr. Government Pleader (5) For the BSEB :

Mr. Ankit Katriar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar School Examination Board.

2. By filing this writ application, the petitioner has prayed for following reliefs:- I) For issuance of a direction(s) to the Secretary, Bihar School Examination Board (respondent no.2) to amend the date of birth of the petitioner from 1st March, 1983 to 25th February, 1982 in accordance with the admission register of Nalanda Collegiate Bihar Sharif

Patna High Court CWJC No.14254 of 2024(2) dt.19-09-2024 2/3 (Annexure-3) and School Leaving Certificate issued by the Principal of that School (Annexure 3 series).

II) For issuance of a direction(s) to the District Education Officer, Nalanda (respondent no.3) to amend the date of birth of the petitioner in service book and not to take any coercive step against him.

III) To quash the disciplinary action initiated against the petitioner by the respondent Authorities, if any.

IV) For any other relief(s) for which the petitioner may be found entitled to under the facts and circumstances.

3. At the very outset, learned counsel for the petitioner submits that the petitioner has filed a detailed representation before the Secretary, Bihar School Examination Board, (respondent no.2) for necessary correction in his date of birth, but till date no action has been taken by the Authority concerned.

4. In view of the submission made by learned counsel for the petitioner, in my view, no useful purpose would be served keeping this writ application pending.

5. Accordingly, this writ application is disposed of with a direction to the petitioner to file a fresh representation before the Secretary, Bihar School Examination Board (respondent no.2) along with the supporting documents within a period of two

Patna High Court CWJC No.14254 of 2024(2) dt.19-09-2024 3/3 weeks from today and respondent no.2 is well advised to consider the representation of the petitioner and pass a reasoned and speaking order within four weeks from the date of receipt of the representation filed by the petitioner after affording an opportunity of hearing to the petitioner or his counsel.

6. It is made clear that the Secretary, Bihar School Examination Board (respondent no.2) shall be held responsible for non-compliance of this order within the stipulated period.

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

(Anjani Kumar Sharan, J) divyanshi/- U