KANAILAL HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner felt aggrieved by a decision dated January 9, 2003 (Annexure-'P8'). It was given by the competent authority of the West Bengal Board of Secondary Education (in short 'the Board').

(2.) The petitioner passed the Madhyamik Pariksha (Secondary Examination) from the Board by appearing at such examination held in the month of March, 1988. On the basis of his own declaration regarding his date of birth, in the concerned certificate the Board recorded his date of birth as November 21, 1969. Long thereafter a certificate of birth dated November 22, 1991 was obtained by him from the authority under The Registration of Births and Deaths Act, 1969. In this certificate, on November 1, 1991, his date of birth was registered as December 21, 1973. On the basis of such certificate he applied to the Board for correction of his date of birth recorded in the certificate issued by the Board in connection with his passing the Madhyamik Pariksha in the year 1988. By the impugned order the Board rejected such prayer by giving detail reasons.

(3.) It appears that in view of the provisions contained in Section 13 (3) of the Registration of Births and Deaths Act, 1969, the petitioner, on the facts of his case, could get his date of birth registered with the registering authority only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth. In the petitioner's case this statutory requirement became necessary because only in 1991 he wanted to get his date of birth registered stating that he was born on December 21, 1973.