SHABANA KHATOON Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 6.12.2013 passed in Writ Petition No. 51782 of 2013.

(2.) In brief the dispute is with regard to the date of birth of the appellant Smt. Shabana Khatoon as recorded in the High School certificate issued to the appellant in the year 2003. As per the High School certificate, the date of birth of the appellant is 15.7.1986. After the issuance of the said certificate there was no dispute raised by the appellant until the year 2012 when an application was filed by the appellant for correction of her date of birth as 15.7.1975 instead of recorded date of birth as 15.7.1986. This was necessitated as she had contested the election of the Chairman of the Nagar Panchayat and as per Section 43 (AA) of the U.P. Municipalities Act, 1916 no person could contest the election of the President of the Nagar Panchayat until he/she had attained the age of 30 years.

(3.) The first representation of the appellant for correcting her date of birth was filed on 20.12.2012 before the Secretary of the U.P. High School and Intermediate Board (hereinafter referred to as the Board). Such representation was rejected by the Secretary of the Board vide its order dated 14.2.2013 on the ground that any application for correction of the date of birth could be filed only within two years from the date of issuance of the certificate and since, in the case of the appellant, the certificate was issued in June, 2003 and the application was filed in December, 2012 the same could not be entertained as per the provisions of Regulation 7 contained in Part 2-B of Chapter III of the U.P. Intermediate Education Act (hereinafter referred to as the Act).