IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.869 of 2007 RAJIV RANJAN S/O Sri Krishnadeo Thakur, R/O-Village-M 11 28, Alkapuri, Bhagwanpur chowk,Distt-Muzaffarpur Versus 1. THE STATE OF BIHAR through the Secretary, Secondary Education, Govt. of Bihar, Patna. 2. The Secretary, for Bihar School Examination Board,Patna. 3. District Education Officer, Muzaffarpur. 4. Headmaster, R.R.High School, Binda, P.O.-Binda, Distt-Muzaffarpur……………Respondents. ----------- For petitioner:-Mr. Hemant Kumar, Adv For Respondent:-Sri Lali Kishore, Sr.Adv. -------- 4/ 11-Dec-08 Heard learned counsel for the petitioner and learned counsel for Bihar School Examination Board. A preliminary objection has been raised by learned counsel for Bihar School Examination Board that there is unusual delay in moving this Court in writ jurisdiction for correction of an alleged error in the date of birth of the petitioner as mentioned in the certificate issued by the Board in relation to examination of the year 1991. On behalf of petitioner the preliminary 2 objection has been replied by submitting that Annexure-1 would show that on 17.7.1991 itself the Headmaster of a High School at Muzaffarpur had sent a letter to the Board in response to some queries by the Board and thereafter Annexure-5 and 6 are letters of the year 2006 showing some queries by Deputy Secretary of the Board and subsequent reply by the concerned High School at Muzaffarpur. The counter affidavit filed on behalf of the Board contains a clear averment in paragraph-12 that the letter contained in Annexure-1 is not available. Two judgments of Division Bench contained in Annexures-A and A/1 show that in context of students’ demand for publication of result made after 13 years or 16 years the writ court refused to interfere in the matter. In this case, petitioner knew his date of birth as mentioned in his certificate issued by 3 the Board in the year 1991 itself. He has filed the present writ petition in the year 2007 after about 16 years. Judicial notice can be taken of the fact that many of the old records in the School Examination Board are not retained after ten years. Such delay if condoned is likely to encourage cases of fraud. A change in the date of birth recorded in matriculation certificate issued by the Board is a serious matter because it involves many consequences and particularly affects the date of retirement etc. Hence, this Court is not persuaded to condone such delay in such matters. The writ petition is dismissed on the preliminary issue itself. perwez (Shiva Kirti Singh, J.)