RAJENDRA PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has sought a writ of mandamus commending the respondents to decide various representations alleged to have been made by him to the Secretary, Board of High School and Intermediate Education, U. P. Allahabad, respondent no. 2 (hereinafter referred to as the 'Board') to correct the date of birth mentioned in the High School Examination Certificate.

(2.) THE petitioner appeared at the High School examination in the year 1957. He was issued High School Examination Certificate indicating his date of birth as 11th January, 1942. He further took higher education and passed M. Sc. (Ag.) and also obtained Ph. D. In the year 1964 he entered into service as Lecturer of Agriculture Botany in Shri Durgaji Degree College, Chandeshwar, District Azamgarh.

(3.) WRIT of mandamus is issued when there is a duty cast upon an authority to adjudicate a controversy or a matter which is provided under the Statute. In case there is no such duty cast upon such an authority it cannot be directed by issue of a writ of Mandamus to decide such controversy. The Court cannot by issuing a mandamus confer jurisdiction upon an authority who does not possess it.