CWP No.6647/2008 24.09.2010 Present: Mr. Sanjeev Bhushan, Advocate for the petitioner. Mr. Vinod Thakur, vice counsel for respondent No.1 Mr. G. D. Sharma, Advocate, for respondent No.2 Inspite of the fact that notice in the petition was issued on 3.5.2000 reply has not been filed by the respondent No.1-Board. 2. It is the case of the petitioner that he was born on 4.12.1968. However in the matriculation certificate his date of birth was erroneously mentioned as 17.4.1965. Petitioner was employed as a clerk with the Himachal Pradesh State Electricity Board. He applied for correction of his service record. Respondent No. 1 took a view, as is evident from letter dated 18.4.1995 (Annexure A-3), that the service record could not be rectified till such time correction was carried out in the matriculation certificate. Consequently petitioner applied to the Himachal Pradesh Board of School Education (respondent No.2) for correction of his date of birth. However vide letter dated 26.7.1999 (Annexure A-4), respondent No.2 rejected his request for the reasons that the date in the matriculation certificate is corrected only if correct date of birth is mentioned while taking admission in Class-I and the error has crept in thereafter. 3. Respondent-Board has not filed its reply. It has also not placed on record any rules or guidelines formulated for correcting the date of birth in the matriculation certificate. 4. Petitioner has placed on record the certificate issued by the competent authority under the provisions of Birth and Death Registration Act, 1969, from which it is evidently clear that he was born on 4.12.1968. Further, petitioner has placed on record the certificate to show that his elder brother was actually born on 4.2.1965 and as such he could not have been born on 17.4.1965. 5. Considering the facts and circumstances, a direction is issued to respondent No.2 to consider the petitioner’s case afresh by taking into account the certificate and other material placed on the record by the petitioner. Annexure A-4 is quashed. 6. Respondent No.2 shall take action within a period of three months from the date of receipt of the certified copy of the order. In the event of any correction being made by respondent No.2, respondent No.1 shall take appropriate action, in accordance with law within a period of three weeks thereafter. With the aforesaid directions, present petition is disposed of. ( Sanjay Karol ), Judge. September 24, 2010 (rana)