Manoj Kumar Jaiswal vs The Chairman, Bihar School Examination ...
2025 Latest Caselaw 348 Patna

Patna High Court

Manoj Kumar Jaiswal vs The Chairman, Bihar School Examination ... on 1 July, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.381 of 2022
                                          In
                    Civil Writ Jurisdiction Case No.6519 of 2022
     ======================================================
     Manoj Kumar Jaiswal S/o Ramprit Choudhary, Resident of Mohalla- Scout
     Lane, Kids Play School, Sikandarpur, Muzaffarpur, District- Muzaffarpur.

                                                             ... ... Appellant/s
                                    Versus
1.   The Chairman, Bihar School Examination Board Patna.
2.   The Secondary, Bihar School Examination Board, Patna.
3.   The Deputy Secretary, Bihar School Examination Board, Patna Regional
     Office Tirhut, Division, Muzaffarpur.
4.   The Examination Controller, Bihar School Examination Board, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :    Mr.Dhaneshwar Prasad Gupta, Advocate
                                 Mr. Vikash Jha, Advocate
     For the Respondent/s   :    Mr. P.K. Shahi, Advocate General
                                 Mr. Girijish Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE S. B. PD. SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 01-07-2025

                 The appellant has assailed the order of the learned

      Single Judge dated 22.06.2022 passed in CWJC No. 6519 of

      2022 to rectify his date of birth from 02.01.1969 to that of

      02.01.1971

. CWJC No. 6519 of 2022 is presented in the year

2022.

2. Learned counsel for the appellant is not aware what

is the date of entry into service by the appellant, which is crucial

date for the purpose of entertaining the application to rectify the

date of birth.

Patna High Court L.P.A No.381 of 2022 dt.01-07-2025

3. Be that as it may, appellant is stated to have

approached the concerned authority to rectify his date of birth in

the year 1986 and thereafter keep on submitting representation

from time to time. Merely, submission of representation from

time to time would not enure benefit of delay and laches to seek

writ of mandamus. Moreover, Hon'ble Supreme Court in

Karnataka Rural Infrastructure Development Ltd. Vs. T.P.

Nataraja & Ors reported in (2021) 12 SCC 27, has held that

belated rectification of date of birth in Service-

Book/Matriculation Certificate by an employee is deprecated.

4. In the light of these facts and circumstances, the

appellant has not made out a case so as to interfere with the

order of the learned Single Judge dated 22.06.2022 passed in

CWJC No. 6519 of 2022.

5. Accordingly, LPA stands dismissed.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.07.2025
Transmission Date       NA