(1.) THE LCR is available and both the parties agree for disposal of the writ petition at the stage of admission.
(2.) HEARD .
(3.) BOTH the parties led both oral and documentary evidence. The Opp. Party No. 2 besides examining himself as P. W. 1 tendered the evidence of his co villagers P. W. 2 and also examined the Headmaster of the Government U. P. School, Baladi, P.W. 3, to prove the entry of date of birth of the first two children in the School Admission Register and the entries therein vide Ext. 1 series and the ANM of Bagbahali sub centre under Naikenpali PHC to prove that the third child of the petitioner i.e. Pragati was conceived with the expected date of delivery on 25.2.1990 but took birth on 23rd February, 1998 and having been admitted Polio Vaccinations etc. on different dates thereafter. The relevant entry vide serial No. 33 has been marked as Ext. 2/a from the Register Ext. 2. He also tendered certified copy of the order passed on 14.12.2001 by the Sub Divisional Magistrate i.e. the Sub Collector, Sonepur in CMC Nos. 296 and 297 of 2001 (Exts, 3 and 4 respectively) to prove that the birth certificate with the entry of the dates of birth of petitioner's eldest son and the daughter to be on 15.2.1991 and 31.3.1995 vide Exts. CD and E were granted on the direction of learned SDM on such applications but, without any inquiry either by SDM or the Medical Officer, PHC, Naikenpali and such documents are self serving.