Uttarakhand High Court
WPMS/751/2021 on 25 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 25TH DAY OF MARCH, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 751 of 2021
BETWEEN:
Pranav Kumar. ....Petitioner
(By Mr. Ankit Shah, Advocate, holding brief of Mr. B.S.
Adhikari, Advocate)
AND:
Secretary, Uttarakhand School
Education Board, Ram Nagar,
Nainital and another. ......Respondents
(By Mr. Virendra Singh Rawat, Advocate for respondent
no. 1)
JUDGMENT
By means of this writ petition, petitioner
has sought following reliefs:
"i) A writ order or direction in the
nature of certiorari quashing the
impugned order/letter dated
23.2.2021 of the respondent no. 1
(Annexure-6).
ii) A writ order or direction in the
nature of Mandamus directing the
respondent no. 1 to for mentioning the
correct date of birth of 26.1.2000 of
the petitioner in his High School
Certificate cum marksheet."
2. According to the petitioner, his date of
birth, as recorded in birth certificate issued by
Registrar (Birth & Death), Gram Panchayat
Chondaheri, is 26.01.2000, however, in petitioner's
marks sheet, in respect of Secondary Examination
issued by Board of School Education Uttarakhand,
date of birth of petitioner has been mentioned as
26.01.2002. Petitioner had made a request for
correction in the educational certificates issued by
Board of School Education Uttarakhand. Petitioner's
request has been rejected by Board of School
Education Uttarakhand vide order dated 23.02.2021.
The reason assigned by Board of School Education
Uttarakhand for not acceding petitioner's request is
that the school records are not supporting the
correction, as desired by the petitioner. In other
words, the stand taken in the rejection order is that
the date of birth of petitioner, as recorded in
petitioner's educational certificates, is as per the
school records, where his date of birth is recorded as
26.01.2002.
3. Learned counsel for the petitioner also
admits that, in the school records, date of birth of
petitioner is recorded as 26.01.2002.
4. In such view of the matter, the reason
assigned for rejecting petitioner's request does not
warrant any interference.
5. Learned counsel for respondent no. 1 very
fairly submits that, as per Bye-Laws framed by Board
of School Education Uttarakhand, correction in date of
birth can be permitted, provided the change/
correction sought is supported by the school records.
6. Since discrepancy in the date of birth of
petitioner, as recorded in petitioner's educational
certificates, may lead to complications for the
petitioner in future, therefore, this Court thinks that
ends of justice would be met if petitioner is permitted
to approach the school authorities with the request to
permit him to correct his date of birth in the school
records. If such permission is granted, then the
School Authorities may forward petitioner's request
for necessary change in the educational certificates to
Board of School Education Uttarakhand.
7. Accordingly, the writ petition is disposed of
with liberty to petitioner to approach the Principal of
the concerned Institution by making appropriate
application, within two weeks from today. If
permission is granted by the Principal of the
concerned Institution to correct date of birth of the
petitioner in school records, then the Principal of the
Institution shall forward petitioner's request for
necessary correction in the educational certificates of
the petitioner to Board of School Education
Uttarakhand/respondent no. 1. Respondent no. 1
shall consider the request and take appropriate
decision, in accordance with law, within eight weeks
thereafter.
(MANOJ KUMAR TIWARI, J.)
Arpan
