IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4174 of 2010 1. ABHAY KUMAR S/O RAM DAYAL SINGH R/O VILL.- NAYAGAON, P.S. SHEYAMPUR BHATAHAN, DISTT.- SHEOHAR Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR SECONDARY EDUCATION, BIHAR, PATNA 2. THE BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH IT'S SECRETARY 3. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, PATNA 4. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA 5. THE HEADMASTER, HIGH SCHOOL, NAYAGAON, P.S. SHAYAMPUR BHATAHAN, DISTT.- SHEOHAR ----------- 2. 26.10.2010 Learned Counsel for the petitioner is permitted to correct typographical error in paragraph 2 of the supplementary affidavit. Heard learned Counsel for the petitioner and the learned Counsel for the Bihar School Examination Board. The petitioner is aggrieved by the action of the respondent Board in correcting his date of birth from 1.11.1977 to read as 1.3.1976. As a consequence, the Industrial Training Institute at Sitamarhi where he was admitted on basis of the former date of birth and has completed the training course, appeared at the final examination was not be publishing his results. Learned Counsel submits that the petitioner was a student of the High School, Nayagaon, PS Shyampur Bhatahan, District Sheohar. The date of birth recorded in the school admission register was 1.11.1977. The respondent Board issued admit card to him for the matriculation examination in 1990 recording that date of birth. He passed the matriculation examination and his results were published. He secured admission in the Intermediate Course on that basis and passed in the second division followed by 2 pursuing his Graduation from Jawahar Lal Nehru Memorial Postgraduate College, Mahrajganj under the Gorakhpur University in 1995. Thereafter he took admission in the ITI Course and has appeared at the examination. It is submitted that this unilateral action of the Board is contrary to law and prejudicial to his rights and interest. Counsel for the Board submits that under the relevant rules the petitioner could not have appeared at the matriculation examination before the age of 14 years. If his date of birth was 1.11.1977 and he was erroneously permitted to appear at the examination in 1990 before completing 14 years of age, the Board has only rectified the position by deeming him to have passed from a date that he attained the age of 14 years. He relies upon a Division Bench order of this Court in LPA No. 21 of 2005 (The Chairman, Bihar School Examination Board Vs Ismat Zahra) holding as follows:- “Admitted fact is that the writ petitioner-respondent has got employment in the department of B.S.N.L. The only controversy raised by the Department where she has been employed is that there is conflicting date of birth in the provisional certificate and the original certificate. In our view, this controversy should come to an end as she has been settled in his life. In that view of the matter, now the date of birth of the writ petitioner-respondent would be what the Board has decided i.e. lst March, 1976 and the B.S.N.L. will also consider this date of birth as real date of birth of the writ petitioner-respondent and the date of birth given in the provisional certificate or in any other document will not be given effect to and if the writ petitioner- respondent approaches the Board for correction of her date of birth in the provisional certificate the Board will modify the same within one month from the date of production of the said certificate.” In the fitness of things this Court considers it proper to dispose off this writ application in similar terms directing that 3 for all intent and purposes the date of birth of the petitioner shall stand modified to 1.3.1976 without prejudice to the educational qualifications already obtained by him which shall remain undisturbed. In view of the finding arrived at by this Court the ITI at Sitamarhi is now required to treat his corrected date of birth as 1.3.1976 and proceed to publish his result in accordance with law. The Board is also directed to issue the original matriculation certificate to the petitioner with the corrected date of birth forthwith within a maximum period of one month from the date of receipt and/or production of a copy of this order before it. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)