4 -«^.. ^•^€^ ^^:<-" ,^^ ^ ^1 S^^l.^^ - ^^ ^^•"......^v'' ' ^ ^^^ _ ww^ BENCji IN THE HON»BLEHIGH COURT OF C.G. AT BILASPUR Writ Petition (Cl^c?. M^) of 2010 PETITIONER Ku. Sadhna Tiwari, aged about 22 years, D/o Shri Rajkumar Tiwari, Caste-Brahnian, R/o Village Patthalgaon, P.8.- Patthalgaon, District-Jashpur Nagar (C.G.) VERSUS RESPONDENTS ^ i? Q^^y : 1. State of Chhattisgarh, through the Secretary, Department of School Education, D.K.S. Bhawan, Raipur (C.G.) Secretary, Chhattisgarh Board of Secondary Education, Raipur (C.G.) The Principal, Government Basic Training Institute, Jashpur Nagar, District-Jashpur Nagar (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (0 N0.7140 OF 2010 PETITIONER RESPONDENTS Ku. SadhnaTiwari -*• Versus State of Chhattisgarh & Others (Writ Petition underArticle 226ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Bharat Rajput, Advocate for the petitioner. Shri M.P.S. Bhatia, Deputy Government Advocate for the State. ORDER (ORAL) (Passed on this 7th day of December, 2010) » 1. Heard learned counsel for the parties. 2. By this petition, the petitioner seeks correction of her date of birth as 15-06-1989 in place of 15-06-1987 in her 10th Class mark sheet and other relevant school records. 3. Learned counsel appearing for the petitioner submits that . inadvertently at the time of admission of the petitioner into school her date of birth has been recorded as 15-6-1987. When the said mistake came to the knowledge of the petitioner, she approached the respondent authorities. The Registrar (Birth& Death)-cum-Chief Municipal Officer, Nagar Panchayat, Pathalgaon, issued a birth certificate in favour of the petitioner mentioning the date of birth of the petitioner as 15-6-1989. The said certificate was issued on 8-9-2009 (Annexure - P/3). 4. Shri Rajput, further submits that on the basis of the said birth certificate the petitioner obtained the duplicate mark sheets of class 5 & 8 . Thereafter, she applied for duplicate mark sheet of 10 class also along with the affidavit of her father, duplicate V^^^^K mark sheet of class 5th& 8th and the birth certificate issued by the Registrar, for correction of her date of birth as 15-6-1989 instead of 15-6-1987, but till date necessary corrections have not been made. Thus, this petition. On a query, no rules have been produced by Ihe learned counsel for the petitioner in suppori: of his connection. Admittedly, in the case on hand, according to the petitioner, therewas an error in the mark sheet issued in the year2005 whereas the petitioner has made an application in writing only in the year 2010 after lapseof more than.5 years. This Court in Sudhir Ram Bhata v. Secretary, Madhyamik Shiksha Mandal, Raipur & Another, held that if an. application is made for correction of date of birth within a period of three years under the provisions of Rule 7, 8 & 9of the Madhya Pradesh Date of Birth (Entries in the School Register) Rules, 1973 the same can be entertained and prior to that it cannot be directed to make correction in the date of birth of the petitioner mentioned in the mark sheet. For the reasons mentioned hereinabove, the writ petition fails and is hereby dismissed at the motion stage itself. However, liberty is reserved to the petitioner to take recourse to jurisdictional civilcourt for declaration, if so advised. Sd/- Satish K. Agnihotn Judge Arun ' 2009 (3) CGLJ 103