Anuradha Mishra vs Board of Sec. Edu. and Others

Ajay Rastogi

Instant petition has been filed by petitioner seeking correction in her date of birth which was wrongly mentioned as 15/07/1997 while filling Board examination form while correct date of birth recorded in the school record is 09/08/1994. Counsel for petitioner submits that District Education Officer & Principal of the Educational Institution have examined the school record & made their recommendation that correct date of birth of petitioner is 09/08/1994. Counsel further submits that the petitioner has deposited requisite fees & submitted application seeking correction in the date of birth on the basis of recommendation made by District Education Officer & Principal of the School; but it was rejected by respondent Board vide order dt.05/06/2010 (Ann.9) on the premise that in the light of Cl.7 of the Booklet of the Board such corrections are not permissible.

It has been brought to the notice that after passing of the order impugned, the Board has issued office order dt.18/12/2010 (No.Exam- II/2010-2978) in compliance of Chairman''s direction dt.16/12/2010 granting amendment made in Chapter 16 Regulation-21(5) which being relevant is being quoted ad infra:

In the light of Cl.(5) of Regulation 21 of Chapter-16 (supra) decision of the Board in rejecting application of the petitioner vide order impugned does not hold good. Consequently, writ petition succeeds and is hereby allowed. Order dt.05/06/2010 (Ann.9) is hereby quashed & set aside. Respondents are directed to consider application of the petitioner afresh taking note of reports sent by principal of the School & District Education Officer, in the light of Cl.(5) of Regulation 21 of Chapter-16 (supra) and decide the matter in accordance with law within two months by a speaking order which may be communicated to the petitioner who, if feels aggrieved, will be at liberty to avail of remedy under the law.