Writ Petition No. 25900 of 2021 · Madhya Pradesh High Court · 2023

(BY SHRI R. B. SINGH, ADVOCATE) AND

2. THE STATE OF MADHYA PRADESH SECRETARY MADHYAMIK SHIKSHA MANDAL (MADHYA PRADESH) PRACHARYA CHRISTIAN EMINENT HIGHER SECONDARY SCHOOL M.I.G. COLONY. INDORE (MADHYA PRADESH) .....PETITIONER .....RESPONDENTS (SHRI RAGHVENDRA SINGH RAGHUVANSHI, ADVOCATE FOR RESPONDENT NO.1 AND SHRI MUTAHIR AHMED KHAN, ADVOCATE FOR RESPONDENT NO.2) This petition coming on for admission this day, the court passed the following: ORDER 1] This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief:- “v- ;g fd] izfrizkFkhZx.k dks vknsf’kr djus dh d`ik djsa ftlls izfrizkFkhZx.k ;kfpdkdrkZ dks 10 oh dh vadlwph esa tUefrfFk dks lq/kkj Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 28-10-2023 16:06:53 2 djrs gq, tUefrfFk fnukaad 24@07@2021 ntZ dj iqu% nwljh vadlwph ;kgpdkdrkZ dks nsA c- ;g fd mDr izdj.k dh ifjfLFkfr dks ns[krs gq, ekuuh; U;k;ky; mfpr vkns’k ;kfpdkdrkZ ds fgr esa ikfjr djus dh d`ik djsaA l- ;g fd] ;kfpdk dk [kpZ izfrizkFkhZx.k ls fnyok;k tkosA” 2] The grievance of the petitioner is that his actual date of birth is 24/07/2001, however, it is wrongly mentioned in his Class 10th and 12th mark sheets as 27/07/2001, and when for the said correction, an application was filed by the petitioner before the Board of Education, it was rejected vide order 02/11/2021, informing the petitioner that he has not filed the application for correction of date of birth within three years from the date of declaration of result. 3] In brief, the facts of the case are that the petitioner is presently pursuing his B.Tech. and has completed his schooling from Christian Eminent Higher Secondary School, M.I.G. Colony, Indore (M.P.) and according to the petitioner, he has filled the Form required by the school in which he has mentioned his correct date of birth as 24/07/2001, however, while submitting the Form to the Board of Secondary Education, his date of birth has been wrongly mentioned as 27/07/2001 instead of 24/07/2001, and because of which, the petitioner is facing various problems and his future is also gravely prejudiced by the aforesaid error. Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 28-10-2023 16:06:53 3 4] The petitioner’s contention is that the aforesaid error is attributable to the school only, and he has no say in the matter and only when he came to know about the said discrepancy, he filed the application for correction which has been rejected. 5] A reply to the aforesaid petition has also been filed by the Board of Secondary Education, stating that the petitioner has failed to apply for correction of the date of birth within 3 years time as provided under M.P. Janmtithi (Pathshala Ke Register Me Pravishti) Niyam, 1973 (hereinafter referred to as ‘Niyam of 1973’). Counsel for respondent No.1 has also drawn the attention of this Court to the document filed by respondent No.2 school Annexure R/8 which is a Form submitted by the petitioner at the time of his Class 12th examination and in column No.6, his date of birth is handwritten. It is submitted that no such column is provided in the aforesaid Form for class 12th examination, and the same data is retrieved from the system which is required to be filled at the time of class 10 th examination. Thus, it is submitted that the aforesaid handwritten entry made in the Form is clearly an interpolation and has been made only with a view to take undue advantage of the same from this Court. Thus, it is submitted that no case for interference is made out. 6] Counsel appearing for respondent No.3/school, on the other hand has submitted that the documents submitted by the petitioner before the school have been placed on record which include the petitioner’s initial application for admission in the aforesaid school in the year 2004-05, in which, his DOB is mentioned as 24/07/2001 and Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 28-10-2023 16:06:53 4 the certificate issued by the Municipal Corporation, Indore is also filed, in which also, his DOB is 24/07/2001, and also the Form submitted to the Board of Secondary Education, in which his DOB is mentioned in handwritten despite there being no such column. 7] Heard. On due consideration of submissions and on perusal of the documents filed on record, it is apparent that the petitioner’s actual DOB is 24/07/2001, however it has been somehow mentioned wrongly in his application to the Board of Secondary Education while filling class 10th Form as 27/07/2001, and the said mistake has also been repeated in class 12th mark sheet as the data which was available to the Board of Secondary Education at the time of his class 10th examination has been retrieved and thus, in both his mark sheets, his DOB is mentioned as 27/07/2001 instead of 24/07/2001. In the considered opinion of this Court, if this Court adheres to the regulations of the Board of Secondary Education to hold that no person is entitled to change his date of birth after 3 years’ time, then it will simply close all the doors of opportunities to the petitioner only because he, owing to some inadvertence, was not able to apply for rectification of such error of his DOB, which, in the considered opinion of this court would be contrary to the right guaranteed to the petitioner under the mandate of Art.21 of the Constitution. 8] In such circumstances, this Court finds it to be a fit case to invoke the extra ordinary jurisdiction vested in it under Article 226 of the Constitution of India as it is not bound of Niyam of 1973. Accordingly, the impugned order dated 02/11/2021 is hereby quashed Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 28-10-2023 16:06:53 5 and it is directed to respondent No.1/Board of Secondary Education to issue fresh mark sheets to the petitioner for Class 10 th and 12th within two weeks’ time from the date of receipt of certified copy of this order. 9] However, from the perusal of the application/Form of the petitioner which has been placed on record by the school, which was submitted to the Board of Secondary Education, it is also apparent that some interpolation has been made in the said Form by filling DOB in handwriting despite the fact that the column of DOB is not even mentioned in the aforesaid application/Form, it might be possible that the aforesaid interpolation has been made by either the petitioner or by the school to help the petitioner. Be that as it may, this Court is inclined to allow the present petition with cost of Rs.5,000/- to be paid to the H.C. Employees Union, which amount the respondent No.1 shall deposit in the account of President and Secretary H.C. Employees Union H.C. (Account No.63006406008, Branch Code No. 30528, IFSC No. SBIN0030528, CIF No. 73003108919) within a period of two weeks from today and obtain a receipt. 10] With the aforesaid observations, the petition is allowed and disposed of. krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 28-10-2023 16:06:53 Sd/- (SUBODH ABHYANKAR) JUDGE