NARENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition, the petitioner has prayed for a relief of writ of mandamus directing Opp. Party no.2 to issue fresh corrected mark-sheet and certificate of High Court as against Roll no. 2443653 forthwith.

(2.) The facts set out in writ petition are that the petitioner''s date of birth as mentioned in the School Leaving Certificate is 10.8.1986. He initially appeared in High School examination in 2001 from Ganga Singh Inter College Charkhari District Mahoba as a regular student but could not romp home in the said examination. Thereafter, he dropped out of said college and tried his luck as private student by appearing in High School examination in the year 2003 from J.N.K. H.S.S.Nara College Sirathu District Kaushambhi. It is claimed that the petitioner appeared as private student from the said college on the basis of School leaving Certificate issued from Ganga Singh Inter College aforesaid in which date of birth indicated was 10.8.1986. Subsequently, it would further be revealed from the record, the petitioner passed his Intermediate examination in the year 2005 as a regular student from the same college i.e. J.N.K. HSS Nara Sirathu Kaushambi and while appearing as regular student, the school record as also the examination form filled for appearing in Intermediate Examination showed his date of birth as 10.8.1986. It is further claimed in the writ petition that he noticed the mistake in the date of birth at the time of seeking admission for Graduation classes in the year 2005 and he immediately made a written complaint to the Secretary Board of High School and Intermediate. Subsequently, the petitioner also made an application attended with a Notary Affidavit to the Board for correction of his date of birth. Despite assiduous efforts, it would further appear, the repeated representations/application evoked no response and it is in this backdrop that the petitioner was constrained to institute the present petition.

(3.) On 7.3.2006, this Court granted time to file counter affidavit and rejoinder affidavit attended with further direction to produce relevant record on the date fixed. In the counter affidavit filed on behalf of the Board of High School and Intermediate, the stand taken is that the period prescribed for correction of date of birth as contained in Chapter III Regulation 7 of the Calendar of the Board is two years and the representation having been made by the petitioner after a lapse of two years, was not liable to be considered. I have heard learned counsel for the parties and perused the materials on record.