IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2179 of 2007 RATINDRA RANJAN DEY, SON OF LATE RAMESH CHANDRA DAY, RESIDENCE AT TENTULTALA LANE,(GREEN PARK), P.O. MANKUNDU, P.S. BHADRESHAR, DISTRICT HOOGHLY, WEST BENGAL, WORKING AT PRESENT :- IN THE OFFICE OF THE ASSISTANT ENGINEER, SADARGHAT HIGHWAY, P.W.D. ROAD SUB-DIVISION-2, WARDHMAN, WEST BENGAL. Versus 1. THE BIHAR SCHOOL EXAMINATION BOARD, THROUGH ITS CHAIRMAN, PATNA-17(BIHAR.) 2. THE SECRETARY, THE BIHAR SCHOOL EXAMINATION BOARD, PATNA-17. 3. THE DEPUTY SECRETARY(VIGILANCE), THE BIHAR SCHOOL EXAMINATION BOARD, PATNA-17. 4. THE ASSISTANT SECRETARY, THE BIHAR SCHOOL EXAMINATION BOARD, PATNA-17. 5. THE HEAD MASTER, M.B.T.A. ISLAMIA HIGH SCHOOL AT KATIHAR(PURNEA), BIHAR. For the petitioner : Mr. Manish Sahay, Advocate. For the Board : Mr. Ajay Behari Sinha, Advocate. ----------------- 04. 19.08.2011 Heard learned counsel for the petitioner and the Bihar School Examination Board, Patna(hereinafter referred to as the Board). 2. Petitioner is aggrieved by the communication made by the Deputy Secretary, (Vigilance) of the Board to the Executive Engineer, Burdwan Highway Division No.II, West Bengal under letter no.1320 dated 3.4.2006, Annexure-6 informing the addressee that petitioner passed Annual Matriculation Examination, 1968 in IInd Division securing 406 marks and his date of birth is 2 19.12.1950. 3. It is submitted on behalf of the petitioner that his date of birth as indicated in letter dated 3.4.2006, Annexure-6 i.e. 19.12.1950 is not correct in view of the entries made in the admit card issued to enable the petitioner to appear in the 1968 Annual Matriculation Examination as thereunder his date of birth has been indicated as 19.12.1952. Photo copy of the aforesaid admit card is contained in Annexure-1 to this application. It is further submitted that matriculation certificate indicating aforesaid date of birth was served on the petitioner in November, 1985 and such statement has been made in paragraph-7 of the writ petition. After receipt of the aforesaid matriculation certificate petitioner approached the authorities of the Board for correction of his date of birth in the matriculation certificate from 19.12.1950 to 19.12.1952. In this connection, the Deputy Secretary(kosi) of the Board issued letter no. Kosi 7263 dated 16.01.1986, which is addressed to the M.B.T.A. Islamia High School, Katihar where petitioner pursued his studies before appearing in the 3 matriculation examination seeking clarification as per the records maintained by the school. No response was received from the school and petitioner also allowed the mater to remain as it is. In view of the conflicting entries made in the service book of the petitioner the Executive Engineer, Burdwan Highway Division No.II wrote letter dated 3.1.2006 seeking clarification from the Board about the correct date of birth of the petitioner. In response whereto the Deputy Secretary(Vigilance) issued the impugned letter dated 3.4.2006 indicating the date of birth of the petitioner as 19.12.1950 without verifying the same from the records of the school, as the records maintained in connection with Annual Matriculation Examination, 1968 stood destroyed by the Board after lapse of three years. Petitioner has filed the present writ petition challenging the correction of the date of birth indicated in letter dated 3.4.2006. 4. By filing the counter affidavit the authorities of the Board have objected to the prayer made in the writ petition on the ground that writ petition should not be entertained as petitioner is 4 seeking correction in the matriculation certificate issued to him pursuant to 1968 Annual Matriculation Examination by filing the present writ petition on 19.02.2007. 5. Aforesaid submission is being refuted by the counsel for the petitioner stating that matriculation certificate, itself was issued to the petitioner in November, 1985, soon thereafter Board was approached by the petitioner to correct the date of birth of the petitioner indicated in the matriculation certificate. In response whereto letter no.7263 dated 16.01.1986, Annexure-4 was issued by the Deputy Secretary, Kosi to the M.B.T.A., Islamia High School, Katihar seeking clarification about the actual date of birth of the petitioner with reference to the records maintained in the said school as prior to appearing in 1968 Annual Matriculation Examination petitioner pursued his studies in the said school. The statement made in the writ petition in paragraph -7 that soon after receipt of the matriculation certificate, Annexure-3 in November, 1985 petitioner had approached the Board in January, 1986 and on the 5 request of the petitioner letter no.7263 dated 16.01.1986, Annexure-4 was issued by the Deputy Secretary, Kosi of the Board to the school where petitioner pursued his studies prior to appearing in the said examination has not been disputed in the counter affidavit.. 6. Board having not disputed the aforesaid fact that after receipt of the certificate in November, 1985 petitioner approached the Board in December, 1985 and in response to the request of the petitioner letter dated 16.01.1986 was issued by the Board to the school where petitioner pursued his studies prior to appearing in the 1968 Annual Matriculation Examination in the counter affidavit, I am not inclined to dismiss the writ petition on the ground of laches. In my opinion, petitioner having received the matriculation certificate had approached the Board for correction and thereafter steps were also taken by the Board to find out the correct date of birth of the petitioner but without concluding the enquiry endeavour was given up. Failure on the part of the Board not to complete the enquiry, in my opinion, 6 should not be encouraged. Appreciating the aforesaid aspect of the matter the Secretary of the Board himself through his counsel has agreed that if the required documents are available in M.B.T.A. Islamia High School, Katihar steps shall be taken to confirm and rectify the date of birth of the petitioner from the records maintained in the said school. 7. Let the Secretary of the Board issue notice to the Principal, M.B.T.A. Islamia High School, Katihar asking the Principal to produce the original admission register, registration certificate and T.C guard file so as to enable the Board to verify the actual date of birth of the petitioner. In compliance of my order, necessary exercise be completed by the Secretary of the Board as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Secretary of the Board. 8. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)