IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3376 of 2002 SARITA KUMARI Versus THE CHAIRMAN,BIHAR SCH.EXAM. Board & ORS. ----------- 5 14.5.2009 No one appears on behalf of the petitioner. Counsel for the Bihar School Examination Board is present. The prayer of the petitioner as with regard to the issuance of a original matriculation certificate which has been refused in the impugned order issued by the Secretary of the Board is wholly unsustainable. Whatever date of birth is available in the record of the Board, tabulation register or authentic document is to be incorporated in the original matriculation certificate and merely because the date of birth as being claimed by the petitioner cannot be verified from any record cannot be a reason for not issuing the matriculation certificate at all. Therefore, whatever date of birth is available on the records of the Board must be made the basis for issuance of the original matriculation certificate to the petitioner which must be done within a period of three months from the 2 date of receipt/production of a copy of this order. The grievance of the petitioner that her date of birth is no other date but 1.4.1971, now being disputed by the respondents in the counter affidavit, the remedy for the petitioner would be, therefore, to file a civil suit and got a declaration to this effect by impleading the Board as a defendant to the suit. With the aforementioned observations/ direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)