SANDEEP KUMAR Vs. MADHYAMIK SHIKSHA PARISHAD

JUDGEMENT

(1.) HEARD counsel for the parties and perused the record.

(2.) THE petitioner appeared in High School Examination conducted by the Board of High School and Intermediate Education, U.P., Allahabad in the year 1991 with Roll No. 0935203. He passed the said examination as a regular student from Sri Krishna Inter College, Semara, Katkuian District Deoria. The Board through the College gave High School Pass Certificate to him on 30 -8 -1991.

(3.) THE mistake in the date of birth and spelling of the name of the petitioner was detected in the certificate after it was received in the College. The Principal of the College sent a letter dated 29 -8 -1991 for correction of date of birth of the petitioner as 7 -5 -1977 in place of 7 -5 -1975 and for correction of his name as 'Sandeep Kumar' in place of 'Sadeep Kumar'. A reminder was also sent by the Principal vide letter dated 20 -5 -1994 addressed to the Regional Secretary, Regional Office, Varanasi. The District Inspector of Schools, Deoria also conducted an enquiry. After verifying the original records of the S. K. Intermediate College, Semara, Katkuian from where the petitioner had appeared in High School Examination as a regular student, he gave his report recording a categorical finding that mistakes have been committed by Madhyamic Shiksha Parishad, U.P., respondent No. 1, while issuing the High School Certificate of the petitioner in which his name and date of birth was incorrectly given. A true copy of the Enquiry Report submitted by the District Inspector of Schools, Deoria has already been enclosed as Annexure 3 to the writ petition. In the Enquiry report a recommendation has also been made by the District Inspector of Schools, Deoria for correcting the name and date of birth of the petitioner in his High School Certificate. The Board rejected the application of the petitioner for correction only on the ground that it was barred by time in view of Part II -B Chapter 3 Regulation 7 of the Regulations framed under the U.P. Intermediate Education Act (in short the Act) as the application was alleged to have been presented on 30 -8 -1994 after the candidate had passed the High School Examination in 1991.