Anil Ahari vs Board Of Secondary Education
2022 Latest Caselaw 14939 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12812/2022

Anil Ahari S/o Shri Mohan Lal Ahari, Aged About 21 Years, R/o Nanoda, Post Dhambola, Tehsil Seemalwara, District Dungarpur (Rajasthan).

----Petitioner Versus Board Of Secondary Education, Rajasthan, Ajmer Through Its Secretary.

----Respondent

For Petitioner(s) : Mr. Manoj Chotia. For Respondent(s) : Mr. Rakesh Arora.

Mr. Naresh Singh.

HON'BLE MR. JUSTICE ARUN BHANSALI Order

19/12/2022

This writ petition has been filed by the petitioner aggrieved

against the order dated 10.02.2022 (Annex.-7), whereby the

application made by the petitioner seeking correction in the date

of birth in the mark-sheet of secondary, has been rejected by the

respondent-Board.

The application has been rejected on account of the fact that

more than 5 years have passed since the issuance of the mark-

sheet and, therefore, objection in this regard, cannot be accepted.

Learned counsel for the petitioner submits that in a similar

nature writ petition being Shourya Dadhich v. Board of Secondary

Education & Anr.: SBCW No. 432/2020, decided on 27.01.2020 by

bench at Jaipur, after referring to an order in Arpit Agarwal v.

Central Board of Secondary Education & Ors.: SBCW No.

4362/2017, the Court has ordered for change in the date of birth

(2 of 2) [CW-12812/2022]

on payment of cost and, therefore, the petitioner may be accorded

similar relief.

Learned counsel for the respondents reiterated the

submissions as were made in the case of Shourya Dadhich

(supra), however, it is not denied that the issue as raised is

covered by the order in the case of Shourya Dadhich (supra).

In the case of Shourya Dadhich (supra), a coordinate Bench

of this Court, inter alia, after referring to order in Arpit Agarwal

(supra) came to the following conclusion:-

"4. After considering the submissions made by counsel for the parties and also the judgment of the Co-ordinate Bench of this court in the matter of Arpit Agarwal (supra), in my view the petition filed by the petitioner deserves to be allowed for the reasons; firstly, in the Aadhar Card, Birth Certificate, Passport and Driving Licence, the date of birth of the petitioner has been recorded as 27.05.1997; secondly, no prejudice would be caused to the respondents while changing the date of birth in the school record and mark-sheet of the petitioner.

5. In that view of the matter, the writ petition filed by the petitioner is allowed and the petitioner is directed to submit an application in the office of respondents for change/correction in his date of birth along with required documents and a certified copy of this order. On his doing so, the respondents are directed to make necessary correction i.e. change in date of birth of the petitioner in the school record and Certificate of Class 10th, from 27.05.1999 to 27.05.1997 within a period of one month.

6. The petitioner is directed to deposit a cost of Rs.5,000/- in the office of the respondents along with the application form."

In view of the submissions made, the petition filed by the

petitioner is allowed in light of and with the similar directions as

given in the case of Shourya Dadhich (supra).

(ARUN BHANSALI),J 57-PKS/-

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