Ram Prakash Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7989 of 2018 ====================================================== Ram Prakash Singh, Son of Late Ramotar Singh, Resident of MohallaSahjanand Nagar, Sita Sharan, Begusarai, P.S.-Muffasil, District-Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Principal Secretary, Cum Secretary to Government, Human Resources Development Department, Govt. of Bihar, New Secretariat Building, Bailey Road, Patna.

3. The Chairman, Bihar School Examination Board, Patna.

4. The Secretary, Bihar School Examination Board, Patna.

5. Director, Bihar School Examination Board, Patna.

6. Examination Controller, Bihar School Examination Board, Patna.

7. The Head Master, Government Jeetlal High School, Naya Gaon Balanpur, Begusarai, District-Begusarai.

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

For the Petitioner/s :

Mr. Ratan Kumar For the State :

Mr. Hitesh Suman, AC to SC 13 For the BSEB :

Mr. S. A. Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2018 The petitioner seeks a direction to the respondents to correct his date of birth as recorded by the Bihar School Examination Board in his matriculation certificate, based on the date of birth as recorded in the admit card, issued by the Bihar School Examination Board.

According to the petitioner, he passed matriculation examination in 1978 and according to him, his date of birth has been wrongly recorded as 07.01.1962 in place of 07.01.1965. It is the specific case of the petitioner that his correct date of birth is 07.01.1965.

Patna High Court CWJC No.7989 of 2018(2) dt.09-05-2018 2/3 It is the petitioners plea that on the basis of date of birth, as entered in the School Leaving Certificate, he had taken admission in Intermediate (Science) course, disclosing his date of birth to be 07.01.1965 and accordingly his date of birth has been treated to be 07.01.1965 for the said Intermediate examination. It is his case that subsequently matriculation certificate was received by the petitioner, disclosing his date of birth as 07.01.1962 in place of 07.01.1965. There is statement made in the writ application that he had applied for correction in the date of birth in the year 1980.

It is also his case that in 1999 also, the petitioner had submitted an application to the Bihar School Examination Board, duly forwarded by the school for correction of his date of birth according to the admission register of the school. Subsequently, in the year 2002, the petitioner again approached the Bihar School Examination Board for correction. There is averment made in paragraph 3 of the writ application that pursuant to a letter written by the Deputy Secretary of the Bihar School Examination Board to the Headmasters of the Schools, the petitioner had deposited required fee also for correction of his date of birth.

Patna High Court CWJC No.7989 of 2018(2) dt.09-05-2018 3/3 correction of his date of birth according to the entry made in the admit card, the Bihar School Examination Board has not made necessary correction.

In my opinion, this writ application deserves to be dismissed on the ground of delay and latches alone. The petitioner claims that he passed the matriculation examination in 1978. There is no statement as to when did he receive the matriculation pass certificate, which contained his date of birth as 07.01.1962. In any view of the matter, he has approached this Court 40 years after publication of the matriculation result. Further, it is ordinarily not possible that a candidate would pass matriculation examination (11-year course) at the young age of 13 years.

This application does not have any merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √