BOARD OF SECONDARY EDUCATION, ORISSA REPRESENTED THROUGH ITS SECRETARY BAJRAKABATI ROAD, P.S.MANGALABAG DIST.CUTTACK Vs. MAHENDRA KUMAR PATEL AND THREE

JUDGEMENT

(1.) ORDER 1. Though this matter was not there in the todays list, but as it is connected to CONTC No.2335 of 2009, which was on board, the record was called for and this matter is taken up.

(2.) THIS review petition has been filed seeking review of the order dated 1.9.2009 passed in W.P.(C) No.13778 of 2008. By the said order, this Court on taking into consideration the facts of the case and on perusal of the annexures made to the respective pleadings of the parties and also after hearing the learned counsel for both the parties directed that the Board of Secondary Education, Orissa, Cuttack shall correct the date of birth of the petitioner from "5.1.1952" to "5.1.1957" in his HSC Examination certificate granted to him in the year 1973 and issue a corrected certificate within a period of three weeks from the date of production of a certified copy of the said order before the Secretary.

(3.) MR . Swain, learned counsel for the opp.party No.1, on the other hand, submits that in the report of the Inspector of Schools, the Inspector of Schools has categorically found on further enquiry that the date of birth of the elder brother of the petitioner has been recorded as "6.5.1952" and it is not disputed that the elder brother of the petitioner, namely, Gandhi Patel, was elder to the petitioner. Hence, the date of birth of the petitioner cannot be earlier to the date of birth of his elder brother. The other annexures, being Annexure -10 to the rejoinder affidavit,which is a copy of the admission register, shows that the date of birth of the petitioner is 5.1.1957.