RAJBALI SINGH Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) IF man could have arrested 'time', the greatest and invincible enemy of man, 'that old common arbitrator' and make it his slave the history of man-kind would have been different. It has been said even when Almighty descends on earth in the shape of man, is governed by Rules of time. He who does not act within the framework of time loses not only the gifts of nature but also privileges bestowed by man made law. Delay and laches do always create impediment for obtaining the benefit ordinarily permissible in law because the law helps them who are vigilant to knock at the door of justice within time stipulated.

(2.) THE present case depicts a situation where the petitioner has woken up after three and half decades and asked for relief which has been denied by the respondent. Heart of the matter is whether such denial requires to be lanceted in exercise of jurisdiction under Articles 226 and 227 of the Constitution of India.

(3.) THE essential facts : According to the petitioner he was born on 25-6-1947. He applied for transfer certificate which was given to him on 16-7-1963 being signed by the Principal, Lahiri M. H. S. School, Chirmiri and countersigned by the Joint Director, Public Instructions, Sarguja Division, Ambikapur. A copy of the admission register has been brought on record as Annexure P-2. It is setforth in the petition that in the Primary School his date of birth was recorded as 25-6-1947 as is evidenced from Annexure P-3. It is pleaded that the petitioner appeared for Higher Secondary School Certificate Examination 'a' Course in 1963. His marksheet, which was received in or about June 1963, indicated his date of birth as 25-6-1946. He brought this fact to the notice of the school authorities who took back the marksheet from him assuring that they would seek clarification from the Board of Secondary Education and get it corrected. Few months later, the marksheet was given to him showing his date of birth to be 25-4-1947. This was done on 15-5-1964. The corrected marksheet has been brought on record as Annexure P-4. It has been putforth in the writ petition that the petitioner applied for transfer certificate from Lahiri Multipurpose Higher Secondary School, Chirmiri and on that basis obtained admission for Diploma Course in Board of Technical Education, Uttar Pradesh, Lucknow. The certificate granted by the aforesaid school reflects the date of birth of the petitioner to be 25-6-1947. The Technical Board, Lucknow also gave him the marksheet on his passing the final course which bears the date of birth as 25-6-1947. It has been urged in the petition that the Board of Secondary Education vide Annexure P-4/a had communicated the Certificate to the school of the petitioner indicating his date of birth to be 25-6-1946. It is averred in the writ petition that when the petitioner found that his date of birth has been wrongly mentioned in the certificate granted by the Board he communicated with the Principal of his school endorsing a copy to the respondent-Board on 29-11-1997 for correction of his date of birth. When no action was taken he sent repeated reminders and thereafter, filed an application before the Board on 12-6-2000. The Board negatived the prayer of the petitioner on the ground that three years had expired from the date of publication of the result and refused to accede to correction sought for. It is averred in the writ petition that when the petitioner passed the Board of Secondary High School Examination he was quite young and could not know the implications relating to the date of birth. It is also averred that the earlier entries in relation to date of birth are quite clear and the same should have been followed by the Board of Secondary Education. It has been urged that the Board has no regulation providing for limitation and hence, application should have been allowed.