IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2284 of 2008 MITESH MADHUP Versus THE BIHAR SCHOOL EXAM.BOARD & ORS ----------- For Petitioner : Mr Binod kumar, Advocate For Bihar School Examination Board: Mr Girjesh Kumar,Advocate For State of Jharkhand: Mr Dhrub Mukherji, Advocate ------------ 2. 24.07.2008 Heard the learned Counsel for the petitioner, learned Counsel for the Bihar School Examination Board and the learned Counsel for the State of Jharkhand. The petitioner obtained his certificate from the Bihar School Examination Board of having qualified in Matriculation Examination dated 16.8.1983 presently at Annexure 3. On perusal of the same it reveals that date of birth was recorded as 28th November, 1963. The letter “3” is overwritten to read as “7”, correcting his date of birth as 28th November, 1967. It is the case of the petitioner that this correction was made in the year 1990 on an application made by him for the purpose on 13.7.1990 at Page 17 of the brief which was duly acknowledged. It is the further contention of the petitioner that this original certificate dated 16.8.1983 was duly endorsed and initialed by the competent authority of the Board with regard to the corrections made therein. Unfortunately, the petitioner claims to have lost the original certificate when he lodged a sanha before the police station as appended at Annexure 4. However, there is no pleading in the writ petition as to what was the result of police verification in respect of the sanha. The petitioner claims to have submitted an application for issuance of a duplicate matriculation certificate. It came to be issued to 2 him on 25.7.2007 at Annexure 6. It bears his date of birth as 28.11.1963 to correspond with the uncorrected date of birth in the original certificate dated 16.8.1983. The petitioner then represented before the respondent Board that his date of birth had been incorrectly recorded and did not correspond to the correction made therein. The impugned order dated 16.1.2008 has then been passed that it was a belated application for the correction of date of birth. The contention of the petitioner that his original certificate was corrected by the authorities on his representation does not find any consideration. It is lastly submitted from Annexures 8 and 9 that his date of birth has actually been recorded as 28th November 1967 after cross verification by the board from the petitioner’s School as recent as 6.8.2007/9.10.2007. In any event this Court is satisfied that the pleadings as made out by the petitioner are raising disputed question of fact requiring enquiry which is not possible in a writ petition. The writ petition is disposed with a direction to the respondent Board to examine the claim of the petitioner in light of the discussions on facts contained hereinabove. The petitioner shall be obliged to produce the materials relied upon by him presently before the Board at time of such consideration by the board. Let the Board thereafter take appropriate decision in the matter in accordance with law. In the event that the satisfaction of the board be that the date of birth of the petitioner as recorded in the certificate dated 25.7.2007 require no correction it shall be required to pass a reasoned and speaking order. 3 Let the same be done within a maximum period of twelve weeks from the date of receipt and/or presentation of a copy of this order. To that extent, for that limited purpose, Annexure 12 is accordingly set aside. Snkumar/- (Navin Sinha,J.)