1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No. 1770 of 2010 ( Ayyasoddin s/o Baoddin ..vs.. Divisional Secretary, Mah. State Secondary & Higher Secondary Education Board ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- CORAM:- D.D. SINHA & F.M. REIS, JJ. DATED :- 22 nd APRIL, 2010 1. Heard Shri A.J. Thakkar, the learned Advocate for the petitioner and Shri P.B. Patil for the respondent. 2. Writ Petition is directed against the communication dated 29-03-2010 passed by the Divisional Secretary, Amravati Divisional Board, Amravati, whereby the claim of the petitioner for correcting the date of birth came to be rejected in view of Regulation No. 59 of the Maharashtra Secondary and Higher Secondary Education Board Regulation, 1977. 3. The learned Advocate for the petitioner states that in the similar situation, on earlier occasion, this Court issued directions to the respondent-Board to reconsider the case of the petitioner. In the said petition, the claim was made by the petitioner for correcting the date of birth after the cut off date. The decision is dated 5th September, 2000 passed in Writ Petition No. 37 of 2000 . 2 4. Shri Patil, the learned Advocate for the respondent states that claim of the petitioner could have been considered in view of Regulation No.59 of the Maharashtra Secondary and Higher Secondary Education Board Regulation, 1977, however, the petitioner failed to approach within the stipulated period of three years. 5. Be that as it may, it is not in dispute that the issue involved is covered by the earlier judgment of this Court, which is cited by the learned Advocate for the petitioner. In view of the said judgment dated 5th December, 2000 in Writ Petition No. 37 of 2000, we set aside the impugned communication dated 29/3/2010 issued by the respondent-Board and the matter is remitted back to the Board to reconsider the issue afresh and take a decision within a period of six weeks from the date of communication of this order, by following the principles of natural justice. 6. Writ Petition is disposed of accordingly. JUDGE JUDGE adgokar