Pranav Kumar vs Secretary, Uttarakhand School Education Board, Ram Nagar, Nainital And Another

Manoj Kumar Tiwari, J

By means of this writ petition, petitioner has sought following reliefs:

"i) A writ order or direction in the nature of certiorari quashing the impugned order/letter dated 23.2.2021 of the respondent no. 1 (Annexure-6).

ii) A writ order or direction in the nature of Mandamus directing the respondent no. 1 to for mentioning the correct date of birth of 26.1.2000 of the petitioner in his High School Certificate cum marksheet."

According to the petitioner, his date of birth, as recorded in birth certificate issued by Registrar (Birth & Death), Gram Panchayat Chondaheri, is 26.01.2000, however, in petitioner's marks sheet, in respect of Secondary Examination issued by Board of School Education Uttarakhand, date of birth of petitioner has been mentioned as 26.01.2002. Petitioner had made a request for correction in the educational certificates issued by Board of School Education Uttarakhand. Petitioner's request has been rejected by Board of School Education Uttarakhand vide order dated 23.02.2021. The reason assigned by Board of School Education Uttarakhand for not acceding petitioner's request is that the school records are not supporting the correction, as desired by the petitioner. In other words, the stand taken in the rejection order is that the date of birth of petitioner, as recorded in petitioner's educational certificates, is as per the school records, where his date of birth is recorded as 26.01.2002.

Learned counsel for the petitioner also admits that, in the school records, date of birth of petitioner is recorded as 26.01.2002.

In such view of the matter, the reason assigned for rejecting petitioner's request does not warrant any interference.

Learned counsel for respondent no. 1 very fairly submits that, as per Bye-Laws framed by Board of School Education Uttarakhand, correction in date of birth can be permitted, provided the change/ correction sought is supported by the school records.

Since discrepancy in the date of birth of petitioner, as recorded in petitioner's educational certificates, may lead to complications for the petitioner in future, therefore, this Court thinks that ends of justice would be met if petitioner is permitted to approach the school authorities with the request to permit him to correct his date of birth in the school records. If such permission is granted, then the School Authorities may forward petitioner's request for necessary change in the educational certificates to Board of School Education Uttarakhand.

Accordingly, the writ petition is disposed of with liberty to petitioner to approach the Principal of the concerned Institution by making appropriate application, within two weeks from today. If permission is granted by the Principal of the concerned Institution to correct date of birth of the petitioner in school records, then the Principal of the Institution shall forward petitioner's request for necessary correction in the educational certificates of the petitioner to Board of School Education Uttarakhand/respondent no. 1. Respondent no. 1 shall consider the request and take appropriate decision, in accordance with law, within eight weeks thereafter.