IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12916 of 2006 BASHISHTH NARAIN THAKUR Versus THE BIHAR SCHOOL EXAM.BOARD & ORS ----------- For the Petitioner : Mr.Pramod Mishra,Adv. For the Board : Mr.Gyan shankar,Adv. For Respondent No.3: Mr.Ranjeet Kr.Pandey,Adv ---------- 5. 22/09/2008 Heard learned counsel for the petitioner, learned counsel for the respondent Board as well as learned counsel for respondent no.3. Petitioner’s case is that he appeared in the Matriculation examination from High School, Khapur in the year 1978 in which he was declared successful with second division and the certificate to that effect was issued to him vide Annexure-1, but to the astonishment of the petitioner, column of date of birth in the said certificate was blank. However, subsequently petitioner took admission in Primary Teachers Training College, Phulwaria, Baijani in the Sessions 1980-82 and he mentioned his date of birth in the application on the basis of admit card as also school leaving certificate, as 11.1.1961. He passed Primary Teachers Training Examination in 1983 with second division. Certificate to that effect was issued to him - 2 - vide Annexure-3. However, petitioner is now facing difficulty due to non-mentioning of his date of birth in the Matriculation Certificate supplied by the Board. He applied for issue of revised Certificate mentioning his date of birth so that he may utilize the Certificate in proof of his date of birth in different walks of life. Respondents did not comply with his request, and therefore, he has moved this Court. A counter affidavit has been filed on behalf of the Board in which it is stated that since the case is an old one, Board has no records to verify the date of birth mentioned by the petitioner in his application for appearing in the Matriculation Examination nor his date of birth is mentioned in the Tabulation Register, and thus, the Board is not in a position to issue revised Certificate mentioning the date of birth. It is also stated that the Board has written letter to the Headmaster of the School for providing necessary documents and informations in proof of date of birth of the petitioner mentioned in the School records. Notice was issued to respondent no.3, the Headmaster of the School, who has appeared - 3 - through learned counsel and has filed counter affidavit. In the counter affidavit, respondent no.3 states that old records of the School were washed out in the flood, and therefore, he is not a position to verify the date of birth of the petitioner mentioned in the records of the School of the relevant period. Thus, it is evident that neither the Board nor the School is in a position to verify from their records the date of birth of the petitioner mentioned by the concerned authority in their records. Petitioner has annexed admit card issued by the Board for appearing in the Primary Teachers Training Examination mentioning his date of birth as 11.1.1961, as contained in Annexure-4. He has also annexed his provisional Certificate admittedly issued by the Teachers’ Training College, as contained in Annexure-3, which mentions his date of birth as 11.1.1961. Since, admittedly neither the Board nor the School has any record to controvert the date of birth mentioned in the admit card, as contained in Annexure-4, issued by the Board itself, there is no option left to them than to accept the date of birth mentioned therein. - 4 - In the circumstances, petitioner is directed to produce original copy of Annexure-4 before the authorities of the Board and if the authorities of the Board are satisfied with the genuineness of the same, they shall accept the date of birth mentioned therein and shall issue a revised Matriculation Certificate to the petitioner with that date of birth within fifteen days from the date of production of Annexure-4 by the petitioner before the concerned authority. With the aforesaid observations and directions, this writ application is allowed. Pradeep/ (J. N. Singh, J.)