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Saddan Lal Srivastava v. The Secy. Board Of High School & Intermediate Education - WRIT - C No. 3007 of 2006 [2006] RD-AH 1160 (17 January 2006)


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Court No. 52

Civil Misc. Writ Petition No. 3007 of 2006

Saddan Lal Srivastava


The Secretary Board of High School

& Intermediate Education U.P. Allahabad

Hon'ble V.K. Shukla,J.

Petitioner has approached this Court for issuing a writ in the nature of mandamus directing the respondent Madhyamik Shiksha Parisad, U.P. Allahabad for correcting the date of birth of the petitioner in the High School Certificate from 17.08.1948 to 12.11.1952.

Petitioner has passed his High School examination in the year 1965. Petitioner has contended that he has received his High School Certificate in the year 1977 and then representation was made by him for correcting his date of birth. Petitioner has contended that as no action has been taken on the said application then he filed Civil Misc. Writ Petition No. 3466 of 2004 before this Court and this Court asked the authorities concerned to decide the said application moved on behalf of the petitioner. Said application was rejected by the concerned authority on 26.04.2004 mentioning therein that the same is time barred under Chapter III Regulation 7 framed in this respect. Thereafter Civil Misc. Writ Petition No.27472 of 2004 was filed and this Court refused to grant any relief to the petitioner, however left it open for the petitioner to seek his remedy by filing a civil suit. Pursuant to directives issued by this Court, petitioner filed civil suit No. 398 of 2004 in the Court of Civil Judge, (Senior Devision) Unnao for declaring his date of birth as 12.11.1952.  Said suit has been decreed however while deciding issue no. 4 it has been categorically mentioned that there is time limit for correcting the date of birth, as such no directives are being issued for making correction in the date of birth in the Certificate. At this juncture present writ petition has been filed with the prayer mentioned above.

This Court on earlier occasion has refused to grant any relief to the petitioner when order dated 26.04.2004 wherein application moved on behalf of the petitioner has been dismissed as time barred as per Chapter III Regulation 7 of U.P. Act No. II of 1921 was challenged before this Court. Said order has been affirmed by this Court, however it was left open for the petitioner to seek his remedy by filing a civil suit. Civil Judge while deciding the civil suit was conscious of this fact that said change cannot be effected and as such has refused to grant any relief to the petitioner against the statutory provision. Writ of mandamus can not be issued to violate of statutory provisions of law rather writ of mandamus can be issued for enforcement of Rules of law.

Consequently, no directives can be issued, as such present writ petition is devoid of substance and the same is dismissed.





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