Sudha Kumari vs The State Of Bihar And Ors
2022 Latest Caselaw 2848 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.16394 of 2015
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Sudha Kumari daughter of late Baldeo Narayan Pandey resident of Mohalla Gandhi Nagar, Ramana near Gurudwara, Ward No.3, Police Station, Town and District Mothari, East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Principal Director, Health Services, Government of Bihar, Patna.

3. The Civil Surgeon-cum-Chief Medical Officers, District Motihari, East Champaran.

4. The Incharge Medical Officer, Chiraiya, District Motihari, East Champaran.

5. The Bihar School Examination Board, Patna through its Chairman.

6. The Secretary, Bihar School Examination Board, Patna.

7. The Headmaster, Government Tirhut Vidyalaya Mehsi, District East Cham-

paran.

8. The Headmaster, Gopal Sah Vidyalaya, Motihari, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Mahasweta Chatterjee, Advoate For the Respondent/s : Mr. M.K. Sinha- SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-05-2022 This matter is heard via video conferencing.

In the instant petition, petitioner has prayed for the fol-

lowing reliefs:-

"(i) That an appropriate writ may be issued commanding upon the Respon- dent Nos. 5 and 6 to take necessary step to correct the date of birth of the petitioner in the original Matriculation certificate ac- cording to the record of the school through which she appeared in the matriculation ex- amination as private candidate.

(ii) That an appropriate writ may be issued commanding upon the Respondent Patna High Court CWJC No.16394 of 2015 dt.13-05-2022

No. 3 and 4 not to take any coercive step against the petitioner during the pendency of the writ petition.

(iii) That any other relief/reliefs may be granted to the petitioner for which she is found entitled to."

The petitioner was selected and appointed to the post of

ANM with the official respondent Health Department on

07.08.1980. As on the date of entry into service prescribed qualifi-

cation was not matriculation. Petitioner has passed matriculation in

the year 1985. The petitioner date of birth has been entered as

05.05.1959 as she had joined service in the year 1980. In the ma-

triculation certificate date of birth has been shown as 27.08.1954.

Her grievance is to rectify the date of birth in the matriculation

certificate from 27.08.1954 to 05.05.1959. The issue relating to

correction of date of birth in the matriculation certificate is a dis-

puted fact for the reasons that petitioner must have furnished date

of birth as 27.08.1954 while taking up the matriculation examina-

tion, therefore, Matriculation Examination Board have taken note

of the date of birth as 27.08.1954. If the petitioner intention was to

rectify the date of birth in that event petitioner has a remedy for

filing a suit before the appropriate forum. In other words, disputed

facts cannot be entertained as held by the Hon'ble Apex Court in

the case of Bharat Coking Coal Ltd. and Ors. vs. Chhota Birsa Patna High Court CWJC No.16394 of 2015 dt.13-05-2022

Uranw reported in (2014) 12 SCC 570, therefore, the petitioner

has not made out a case.

Accordingly, the present petition stands disposed of re-

serving liberty to the petitioner to invoke appropriate remedy in

accordance with law.

(P. B. Bajanthri, J) Vikash/-

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