IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1903 of 2011 In Civil Writ Jurisdiction Case No. 6994 of 2010 With Interlocutory Application No. 8484 of 2011 In Letters Patent Appeal No.1903 of 2011 ====================================================== Arun Kumar son of Shri Bharat Prasad Yadav, Resident of Village-Kahla, P.S. Barauli, District Gopalganj. .... .... petitioner/Appellant Versus 1. The State of Bihar through the Principal Secretary, Human Resources Department, Bihar, Patna. 2. The Chairman, Bihar Secondary Examination Board, Patna. 3. The Secretary, Bihar Secondary Examination Board, Patna. 4. The Principal D.V.C. High School, Chandrapura, P.S. District-Bokaro, Jharkhand. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Ram Subhas Singh, Advocate For the Respondent State: Mr. Md. Anisul Haque, A.C. to AAG-9 For the Respondent Board: Mr. Lalit Kishore, Senior Advocate with Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 09-12-2011 Interlocutory Application No. 8484 of 2011: Patna High Court LPA No.1903 of 2011 (2) dt.09-12-2011 2 / 3 2 The delay of 11 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1903 of 2011: Feeling aggrieved by the judgment and order dated 26th September 2011 passed by the learned single Judge in above C.W.J.C. No. 6994 of 2010, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at dispute is the date of birth recorded in the official record of the Bihar School Examination Board, Patna. It is the claim of the writ petitioner that his correct date of birth is 10th January 1979. However, with a view to availing of the benefit of appearing at the Board examination before the statutory age of 14 years, the appellant gave wrong information and got a registration certification which recorded the date of birth as 10th January 1976. The appellant, therefore, filed the above writ petition for correction of the record of the Board and the consequent alteration in the passing certificate issued by the Bihar School Examination Board on 25th November 1992. The learned single Judge has not accepted the cock and bull story created by the appellant and has dismissed the writ petition. Therefore, the present Appeal. We entirely agree with the learned single Judge. Besides, even if the claim of the appellant were genuine, the appellant cannot be given relief under Article 226 of the Constitution, as admittedly, the appellant gave wrong information to the Board with a view to gaining undue advantage of passing the S.S.C. examination before the statutory age. The discretionary jurisdiction conferred under Article 226 of the Constitution cannot Patna High Court LPA No.1903 of 2011 (2) dt.09-12-2011 3 / 3 3 be exercised in favour of the person who deliberately gives wrong information to gain an undue advantage. For the aforesaid reason, the Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)