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Shiv Shanker Awasthi v. Secty. Madhyamic Shiksha Parishad - WRIT - C No. 3233 of 1990  RD-AH 6757 (1 December 2005)
Court no. 31
Civil Misc. Writ Petition no. 3233 of 1990
Shiv Shanker Awasthi vs. Secretary, Madhyamik Shiksha Paishad
Hon'ble Bharati Sapru, J.
I have heard learned counsel for the petitioner and also learned standing counsel.
The controversy in this petition is with regard to correction of date of birth of the petitioner in the High School certificate.
By orders of this Court, though certain records were required to be produced by the learned standing counsel, the same have not been placed before this Court.
Petitioner has been agitating for correction of his date of birth in the High School certificate for long time. He is at disadvantage of almost four years on account of the mistake committed by the school while filling up of his High School examination form. The date of birth shown in the High School certificate is 2.6.1951 whereas the petitioner states that his actual date of birth is 4.9.1954. The petitioner also states that when the petitioner received his High School certificate, the mistake was noticed and he moved for correction within a period of two years on 12.4.1972 as prescribed under the relevant rules and since then this issue has not been settled.
Since such a long time has passed and records are not available, the petitioner will file an affidavit before the authority concerned along with the relevant documents to establish that his actual date of birth was 4.9.1954. In support of his claim, the petitioner may file documents such as his birth certificate, Junior High School certificate or evidence in the shape of an affidavit by the school to show that his date of birth was 4.9.1954. The petitioner is also permitted to produce before the authority concerned an affidavit from his school stating that he was born on 4.9.1954 and the school register records this.
Taking into consideration the entire facts and circumstances of the case, the writ petition is disposed of with a direction to the authority concerned to rectify the date of birth of the petitioner in his High School Certificate within one month from the date of production of a certified copy of this order by the petitioner before the sole respondent, who shall, upon showing all those documents as mentioned above and upon being satisfied, decide the matter within a period of one month thereafter.
With these observations, the writ petition is disposed of finally.
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