High CourtsDivision Bench

Prabhas Ranjan vs Secretary Bihar School Examination Board and Others

Patna High Court · Decided on 29 October 2002 · Citation: (2003) 2 PLJR 747

HON’BLE JUDGES
Ravi S. Dhavan, C.J · R.N. Prasad, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 1128 of 2002
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Judgment

6 paragraphs · 259 words
1.

The Petitioner had filed a writ petition, In effect, seeking a writ, order or direction in the nature of mandamus to the Respondents to make necessary correction of date of birth in the matriculation certificate of the Petitioner. This Court is afraid that such a writ cannot he had for the askance. A writ jurisdiction is virtually a certificate action where the court may first examine the record itself on a writ of certiorari. The question of relief by the aid of any other writ is consequential.

2.

The fact that the Petitioner may have sought the change of a date of birth was dependent upon certain documents which were asked by the Respondents. it is not in issue that one of the documents which was the original registration slip the Petitioner could not produce this and in lieu of it produced a photo copy. The Respondents declined to make the correction in the record.

3.

The issue is not that the Respondents had at any stage ousted the Petitioner from examining the matter. Plainly, the matter rested that should the Petitioner produce certain original documents, the Respondents would have considered the request of the Petitioner.

4.

In the circumstances, in so far as the Respondents are concerned, they have not committed any error, manifest or otherwise, that the High Court may direct them to make the rectification re. the date of birth.

5.

In the circumstances, the court cannot certify that the learned judge has committed any error in not interfering on the writ petition.

6.

Dismissed.