IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4079 of 2008 RANA DILIP SINGH, SON OF RANA VIJAY SINGH, RESIDENT OF MOHALLA DAK BUNGLOW ROAD, BETTIAH TOWN, P.S. BETTIAH TOWN, DISTRICT WEST CHAMPARAN. ----- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, H.R.D., BIHAR. 2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, BIHAR, PATNA. 3. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, BIHAT, PATNA. 4. THE HEAD MASTER, D.A.V. SCHOOL, SIWAN. ---- RESPONDENTS ----------- 3 12.5.2011 The petitioner has filed this writ application to correct his date of birth as mentioned in the matriculation certificate. The petitioner claims that his actual date of birth is 20.10.1972. Knowing that his date of birth is 1972, he has mentioned it when his identity card was prepared by the election commission and the PAN card issued by the Income Tax Department. The petitioner made an application and the Block Development Officer constituted a medical team to examine the petitioner. A stand has been taken on behalf of the Bihar School Examination Board that the Board would not entertain applications for change of date of birth if such applications are filed after ten years of issuance of matriculation certificate. The reason is that the Bihar Service Code and other government rules etc. have specifically put a bar on an application being filed after ten years. I may mention here that the petitioner is not in government service rather he is a business man and he would not gain any benefit by increasing his age, rather than decreasing it. Therefore, no ulterior motive can be assigned to the petitioner in filing of the application. There may be a bar for government servants in filing applications 2 for change of their date of birth. However, in a case of a private citizen who has no concern or is not entitled to any benefit from the State Government, the refusal to entertain such an application does not seem reasonable and justified. There is a medical Board which supports the fact that the petitioner’s age would be between 32 to 36 years. Under such circumstances, the Secretary of the Bihar School Examination Board may pass appropriate orders and allow the application filed by the petitioner within a period of three months on receipt/production of a copy of this order. This writ application is accordingly allowed. Sanjay ( Sheema Ali Khan, J.)