Babu Ram vs State of U.P. & Anr.

Heard learned counsel for the parties.

The appellant, original petitioner, is aggrieved by order dated 01.07.2010 passed by the learned single Judge, whereby the learned Judge has declined to grant the relief sought for by the appellant for making correction in the record of respondent No.2 pertaining to his Date of Birth.

The respondent No.2 had issued a certificate to the appellant showing his Date of Birth as 1st September, 1949. In the school records also, his Date of Birth is shown as 1st September, 1949 but in the records maintained by the Board, the Date of Birth of the appellant was shown as 1st September, 1946. It appears that some person filed a First Information Report alleging that the appellant had produced a false certificate for the purpose of obtaining employment. Thereafter, a criminal case was registered against him. However, the appellant was acquitted from the charges in the said criminal case. Thereafter, the application filed by the appellant under Regulation 7 of Chapter III (Part IIB) of the Regulations framed under the Intermediate Education Act for correction of his Date of Birth in the records of respondent No.2 remained pending.

Regulation 7 of Chapter III of the Regulations, which is relevant for the purpose, reads as under:

(Vernacular matter omitted..... Ed.)

In the petition filed by the appellant, that plea was also taken before the learned single Judge. However, the learned Judge held that as the application was filed beyond the time and was not maintainable, and that the appellant herein may file a civil suit for declaration of his Date of Birth.

In the instant case, we find that Regulation 7, referred to above, refers to correction in the certificate of passing. There is no mistake in the certificate of passing. The mistake is in the records maintained by the Board. Therefore, the said Regulation would not be applicable so far as the case of the appellant is concerned. Once the respondents themselves had issued the certificate showing the Date of Birth of the appellant as 1st September, 1949, the respondent No.2 was bound to correct the clerical mistake in the record of the Board.

In the light of that, the impugned order of the learned single Judge is set aside. Rule made absolute in terms of prayer clause (a) of the petition. The entire exercise for correction of Date of Birth in the records of the respondent No.2 be completed within one month from today.

Appeal stands disposed of. No order is passed as to costs.