DHANANJAY PRASAD Vs. BIHAR SCHOOL EXAM.BOARD

JUDGEMENT

(1.) THIS application has been filed for quashing the communication dated 16.10.2004 (Annexure -9) whereby the application filed by the petitioner for correction of his date of birth has been rejected.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the petitioner appeared in the Annual Secondary School Examination conducted by the Bihar School Examination Board in the year 1990. He disclosed his date of birth as 29.04.1977. He passed the said examination in the first division and a provisional certificate dated 27.7.1990 (Annexure -4) was issued showing his date of birth to be 29.04.1977. However to the surprise of the petitioner when certificate dated 25.9.2000 was issued it showed his date of birth as 1.03.1976. The petitioner represented for correction of his date of birth to 29.4.1977. The Bihar School Examination Board (hereinafter referred to the Board) made correspondences with the school from which he had appeared in examination. It certified that the date of birth of the petitioner has been recorded as 29.4.1977. However, by the impugned order prayer of the petitioner has been rejected.

(3.) IN the counter affidavit filed on behalf of the Board the assertion of the petitioner that his date of birth has been entered as 29.4.1977 has not been denied but it has been stated that in view of the decision of the Board not to permit a candidate below 14 years of age on 1st March of the year in which examination is held his date of birth has been altered to 1.3.1976 so as to make eligible for appearance in the said examination.