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Dr. (Miss) Umeda Usmani v. State Of U.P. And Ors - WRIT - C No. 42562 of 1992 [2007] RD-AH 9314 (16 May 2007)


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                                                                                        Court No.28

Civil Misc. Writ Petition No. 42562 of 1992

Dr. (Ms.) Umda Usmani.......................................................Petitioner


         The Prescribed Authority, Meerut and another..................Respondents


Hon.Tarun Agarwala,J.

Heard Sri V.M.Zaidi, the learned counsel for the petitioner and the standing Counsel for the respondents.

The petitioner passed her High School examination in 1955. According to her, the date of birth recorded in the High School certificate was incorrect and therefore, in January, 1957 she applied before the Secretary of the High School Board for the correction of the date of birth, under Chapter II Regulation VII of the Regulations framed under the Intermediate Education  Act. This application was rejected by an order dated 12.12.1991 on the ground that it was filed beyond the stipulated period of two years. The petitioner made a representation which was considered in detail and the petitioner's application was again rejected by an order dated 30.8.1992. The petitioner, being aggrieved by the aforesaid order, has filed the present writ petition.

The impugned order indicates that the date of  birth recorded in the High School certificate was based on the date of birth recorded in the Rajkiya Mahila  Inter College, Allahabad where her date of birth was entered by the petitioner's father. In the impugned order, it has also been stated that the petitioners' father had made an inquiry in that institution and had interpolated the register and when an inquiry was initiated against the petitioner's father he apologised and requested that the matter be closed. This fact has not been disputed by the petitioner and only an allegation has been made that she has never studied in that institution at any moment of time.

Whether the petitioner has studied in that institution is immaterial. The material question is that her father had applied for her admission. This fact has not been disputed. Consequently, it is immaterial whether the petitioner had studied in that institution or no. Consequently, in view of the disputed questions raised in this writ petition, this Court is not inclined to interfere in the impugned order. The writ petition is dismissed. It is, however, always open to the petitioner to file a Civil Suit.

Dated: 16.5.2007



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