IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7137 of 2006 SANTOSH SINGH Versus BIHAR SCHOOL EXAMINATION BOARD ----------- 2 08.08.2008 Heard Learned counsel for the petitioner and the state. No one is present on behalf of Bihar School Examination Board when the matter is taken up. The controversy in this case revolves around a difference of 19 days only with regard to the date of birth of the petitioner. While the petitioner claims his date of birth as 21.11.1978, the Bihar School Examination Board has issued him the matriculation certificate regarding his date of birth as 2.11.1978. His claim is that he has filed a representation which has borne no result compelling institution of the writ application. Counter affidavit has been filed on behalf of the Board. It contends that the claim is belated and that the date of birth as mentioned in the matriculation certificate is based on the materials furnished by the school concerned which is based on the information furnished by the candidate. That a public notice had been issued for providing opportunity to make correction to which the petitioner did not respond. That the Board, therefore, has rejected his request by order dated 26.10.2005 and forwarded the same to the school from which the petitioner completed his matriculation course. The very short nature of controversy of 19 days and the submission on behalf of the petitioner that his date of birth - 2 - recorded in the Baliga High School Khagaul from where he passed his matriculation examination was in fact 21.11.1978 supported by the School Leaving Certificate issued by the aforesaid school dated 21.8.1993 at Annexure-4 regarding his date of birth as 21.11.1978 and the submission that this was based on the records of the school, in its entirety does not persuade this Court to reject the application on the grounds of delay or the contentions urged in the counter affidavit. This writ application is allowed in the peculiar facts and circumstances and very limited nature of the controversy, when the petitioner does not stand to unduly gain, an aspect which also persuades this Court . The correct date of birth of the petitioner is held to be 21.11.1978. The writ application stands allowed. The respondent Board is, therefore, directed to issue a fresh certificate of matriculation showing his correct date of birth within a maximum period of four months from the date of receipt/production of a copy of this order. pkj (Navin Sinha, J)