SANTOSH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has preferred this writ petition for a direction upon the respondent no. 2 to correct his date of birth as 21st July, 1978 in place of 21st July, 1974 in the Certificate and Marks -Sheet of High School and to issue the correct Certificate and Marks -Sheet to the petitioner.

(2.) BRIEFLY stated the facts are that petitioner was a student of Goswami Tulsidas Inter College, Padrauna, District Kushinagar and he appeared in the High School Examination conducted by the Board of High School and Intermediate Education, Uttar Pradesh, Allahabad (for short, the "Board") in the year 1990 with Roll No. 0880943. He was declared successful with First Division marks. Accordingly, the Board issued Marks -Sheet and Certificate to the petitioner.

(3.) THE grievance of the petitioner is that due to inadvertent mistake/ clerical error, in the Marks -Sheet and Certificate of High School his date of birth has incorrectly been recorded as 21st July, 1974 in place of 21st July, 1978. A xerox copy of the petitioner's Certificate of High School Examination, 1990 has been brought on the record as annexure -3 to the writ petition. It is stated that the petitioner moved an application before the respondent no. 2 i.e. Regional/Additional Secretary of the Board, Regional Office, Varanasi, on 06th September, 1991 and requested to correct his date of birth in the Marks -Sheet and Certificate of High School Examination. It is averred in the writ petition that when no action was taken by the respondent no. 2, he personally appeared in the office of the Board and submitted another application dated 27th December, 1993 for making necessary correction in his Marks -Sheet as well as Certificate. A copy of the said application of the petitioner has been annexed with the writ petition as annexure -5. The father of the petitioner had also submitted a notary affidavit before the respondent no. 2 on 14th October, 2011 for correction of date of birth of the petitioner. The Principal of the concerned Institution is also stated to have forwarded the application of the petitioner to the Board on 24th January, 2012. However, when no action was taken, the petitioner has preferred this writ petition.