IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.16978 OF 2009 MD.ASLAM, S/O MD. AKHTAR HUSSAIN, R/O VILLAGE CHAKBAHAUDDIN, P.SDALSINGH SARAI, DISTRICT SAMASTIPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR . 2.THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIATE, PATNA. 3.THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, NEW SECRETARIATE, PATNA. 4.THE DISTRICT MAGISTRATE, SAMASTIPUR. 5.THE DISTRICT EDUCATION OFFICER, SAMASTIPUR. 6.THE DISTRICT SUPERINTENDENT OF EDUCATION, VIDYAPATI NAGAR, SAMASTIPUR. 7.THE BLOCK DEVELOPMENT OFFICER, SAMASTIPUR. 8.THE BLOCK EDUCATION OFFICER, VIDYAPATI NAGAR, SAMASTIPUR. 9.THE MUKHIYA, GRAM PANCHAYAT RAJ, MAUDHANESHPUR, BLOCK VIDYAPATINAGAR, DISTRICT SAMASTIPUR. 10.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ MAUDHANESHPUR (SOUTH), BLOCK VIDYAPATINAGAR, DISTRICT SAMASTIPUR. 11.MD. SITARA, S/O MD. AKBALUDDIN, R/O VILLAGE SHERPUR, BLOCK +P.S+P.O. VIDYAPATINAGAR, DISTRICT SAMASTIPUR. 12.THE MEMBER DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL, SAMASTIPUR. 13.THE SECRETARY, BIHAR STATE MADARSA EDUCATION BOARD. ………………………RESPONDENTS. -------------------- 05/ 12.12.2011 After some arguments, learned counsel for the petitioner realizing the fact that the dispute relating to the date of birth as sought to be noticed in the impugned order by the District Teachers Appellate Authority while rejecting his complaint, would seek permission to withdraw this application in order to enable the petitioner to file civil suit for establishing his date of birth vis a vis the date of birth of his two brothers who are said to be born in the year 1987 as recorded in their certificates issued by the District Madarsa Education Board. In the considered opinion of this Court, such a prayer of the petitioner is quite reasonable, inasmuch as, a disputed question of date of birth cannot be decided under Article 226 of the Constitution of India and in that view, the prayer for withdrawal of the application is hereby allowed with the aforementioned liberty to the petitioner to file a civil suit for establishing his date of birth. In such a suit, he must implead Bihar Madarsa Education Board and the Madarsa in which he and his two brothers had allegedly appeared in the examination and on the basis of which they were issued certificates by the Madarsa Education Board. If the petitioner would also like to take advantage of his being appointed as a Panchayat Teacher, he has to implead other respondents also when he would seek his relief for declaration of his rights. With aforementioned observations and liberty, this application is dismissed as withdrawn. Ranjan (Mihir Kumar Jha, J.)