RAM PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant has come up questioning the correctness of the judgement dated 9th of May, 2018 on the ground that the learned Single Judge has committed an error in dismissing the writ petition on the ground of laches and has relied on the judgement in the case of R.S. Deodhar & Ors. Vs. State of Maharashtra, 1974 AIR(SC) 259 to contend that the Court must look into the facts and should not necessarily refuse to entertain a writ petition on the ground of laches. He has relied on paragraph-9 of the judgement to contend that the reason for delay in filing the petition should be reasonably construed, if there is a reasonable explanation for the delay.

(3.) There is no dispute with the aforesaid legal proposition, but the facts of this case are peculiar. The petitioner passed the High School Examinations in 1978. He alleges to have moved an application for correction of his date of birth in the year 1980, but there was no proof attached along with the writ petition in support of this averment. The second averment made in the writ petition is that an application was moved in the year 1999 along with a bank draft and in 2002 another application was moved and it is stated in paragraph-14 that on 14th January, 2003 the Secretary of the Board wrote a letter to the Principal of the institution for supply of the original school register as also the original transfer certificate file.