Ajay Kumar v. The Bihar School Examination Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15636 of 2024 ====================================================== Ajay Kumar Son of Devnandan Prasad, Resident of Village-Kharki Kuawa, P.O.-Chakia, P.S.-Chakia, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The Bihar School Examination Board Patna.

2.

The Bihar School Examination Board, Regional Office, Muzaffarpur. 3.

The Deputy Secretary, Bihar School Examination Board Area Office-Tirhut Division, Muzaffarpur.

4.

The Headmaster, Government Baldev Ayodhya plus 2 Bara Chakia, East Champaran, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra Mr. Dhandev Kumar Mr. Atul Kumar Mr. Sumit Kumar Gupta For the Board :

Ms. Surya Nilambari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-04-2025

1. Heard learned Counsel for the parties concerned.

2. The petitioner passed the matriculation examination in the year 1990. The certificate issued by the Bihar School Examination Board recorded the date of birth of the petitioner as 01.03.1976.

3. The petitioner is seeking the correction of his date of birth after 34-35 years of passing the matriculation examination saying that the correct date of birth of the petitioner is 20.05.1976 instead of recorded date of birth in the matriculation examination as 01.03.1976.

Patna High Court CWJC No.15636 of 2024(2) dt.17-04-2025 2/3

4. The Bihar School Examination Board has considered the claim of the petitioner and has rejected the same by order, dated 16.08.2024, holding that if the date of birth of the petitioner is corrected from 01.03.1976 to 20.05.1976, then, his age of passing of the matriculation examination would reduce to less than14 years and as per the rules, the candidate appearing and passing the matriculation examination should not be less than 14 years of age.

5. Learned Counsel for the Bihar School Examination Board submits that this writ application is hit by delay and latches inasmuch as after 34-35 years of passing of the matriculation examination, the present writ application has been filed for correction of the date of birth of the petitioner.

6. Having heard the rival contention of the parties and the fact that the petitioner has not disclosed any cogent reason for seeking correction of his date of birth from 01.03.1976 to 20.05.1976 after lapse of 34-35 years and in the opinion of the Court, 2-3 years time is sufficient for a candidate/person to get his/her date of birth corrected, accordingly, I do not find any merit in this writ application, which has been filed after delay of more than

Patna High Court CWJC No.15636 of 2024(2) dt.17-04-2025 3/3 three decades.

7. This writ application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √