IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1621 of 2010 1. BIBHA SINHA WIDOW OF LATE UPENDRA KUMAR AND D/O- RAM BACHAN SINGH R/O VILL ITWAN,P.S.HASPURA, DISTT-AURANGABAD Versus 1. THE STATE OF BIHAR , THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES BIHAR,PATNA 2. BIHAR SCHOOL EXAMINATION BOARD, THROUGH ITS SECRETARY SINHA LIBRARY ROAD, PATNA 3. THE CHAIRMAN ,BIHAR SCHOOL EXAMINATION BOARD SINHA LIBRARY ROAD, PATNA 4. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD SINHA LIBRARY ROAD, PATNA 5. HEADMASTER OF RAJKIYA HIGH SCHOOL BEMBHAI,DISTT-ARWAL ----------- 2. 30.07.2010 Heard learned Counsel for the petitioner and the learned Counsel for the Bihar School Examination Board. The petitioner has applied for compassionate appointment in the Railways after the death of her husband. In that context occasion arose for her to pursue the matter with regard to correction of her date of birth in the matriculation certificate issued by the respondent Board. Counsel for the petitioner fairy acknowledges that the petitioner herself had committed error in furnishing her date of birth to the respondent Board which was then entered in her matriculation certificate. He however submits that there are more materials which justify that it was an inadvertent error committed by the petitioner in furnishing her date of birth and the correct date of birth is 10.4.1979 and not 3.2.1989. This Court does not consider it proper to take note of the materials sought to be urged on behalf of the petitioner in the writ petition for the reason that primarily these were issues to be raised by the petitioner before the respondents themselves. Counsel for the Board has produced before this Court a copy of the representation submitted by father of the petitioner received in the office of respondent Board on 2.9.2009. It does not raise all the issues which are sought to be raised in the writ application. To that extent this Court finds no error in the order of the respondent Board dated 28.5.2010 rejecting the request. Since fresh facts are being urged on behalf of the petitioner before this Court, this Court grants liberty to the petitioner to file a fresh representation with all relevant materials in support of her plea that her correct date of birth is 10.4.1979. If she does so, the Board shall not be inhibited, restricted and it shall not take a defence that the matter stands decided by it on 28.5.2010. It is then required to apply its mind afresh and pass necessary appropriate orders thereafter within a maximum period of four months from the date of receipt and/or presentation of such representation. This Court considers time period necessary in view of the consequential relief of compassionate appointment made by the petitioner before the Railways and which depends upon the decision to be taken by the respondent Board. The correction of date of birth being purely an administrative matter if fresh materials are furnished the administrative authority is bound to review its decision and is precluded from taking any frivolous objection with regard to the same. This application stands disposed. Snkumar/- (Navin Sinha,J.)