The petitioner sought correction in her High School Certificate's date of birth, filed after the three-year statutory limitation. Citing Anand Singh, the Court held that birth date is an entry with significant impact on admissions and employment. Consequently, the belated application was not entertained and the petition dismissed.
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Court No. - 19
Case :- WRIT - C No. - 16374 of 2018
Petitioner :- Geeta Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Prakash Shukla Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioner is seeking correction in her date of birth, as recorded in the High School Certificate 1978. According to her, the correct date of birth is 11.11.1961 while it is recorded as 11.11.1959. The application seeking correction was filed by the petitioner for the first time in September 2016. The petitioner has now filed the instant writ petition seeking a mandamus commanding the respondent No. 3 to carry out the required correction in the High School Certificate.
Learned standing counsel points out under Part II-B, Chapter III, Regulation 7, the limitation prescribed for filing application for correction was two years at the time the marks sheet was issued and now it is three years. It is urged that the application is highly belated.
This Court in Special Appeal No. 160 of 2014 - Anand Singh Versus U.P.Board of Secondary Education and 2 others decided on 11.2.2014 has considered the provision and has held as under: -
"The substantive part of Regulation 7 provides for the correction of such entries in the certificate which have arisen because of any inadvertent clerical mistake or omission in the records of the Board or the Institution last attended by the candidate. It also provides that for this purpose, the candidate has to submit an application within three years of the date of issue of the certificate. However, under the proviso, any spelling mistake occurring in the name of the applicant or in the name of the applicant's father/mother in the certificate can be corrected when an application is filed for this purpose. The nature of the error which is contemplated in the substantive part of Regulation 7 is not the same as contemplated in its proviso nor is any time limit set out in the proviso.
It would be useful to examine the particulars of the candidate that are contained in a certificate issued by the Board. They include the year of the examination, the name of the candidate, the names of the parents, date of birth, subjects opted, division obtained, name of the School/Centre, certificate number, appearance as a regular/private candidate and the date of issue of the certificate. Of these, the
date of birth, the subjects opted, the year of examination and the division obtained by the candidate are particulars which have an important bearing when admission to higher classes or employment is sought by the candidate. While making any correction in the entries relating to these matters, the requirement of moving the application within three years has to be adhered to as any correction in regard to these entries would have an impact on the rights of other candidates when they seek admission to higher classes or employment. However, the other particulars contained in the certificate, like the name of the candidate or the names of the parents of the candidate are not that relevant and any correction made in regard to these particulars would have no impact on the admission or employment of other candidates....."
Having regard to the law laid down above, this Court is of the considered opinion that the application moved by the petitioner at this distance of time is not to be entertained at all.
The petition is accordingly dismissed.
(Manoj Kumar Gupta, J.)
Order Date :- 7.5.2018 AM/-
3 issues framed by the court
Whether the application for correction of date of birth in High School Certificate filed beyond the three-year statutory limitation period should be entertained.
Whether error regarding date of birth falls under substantive entries in Regulation 7 requiring strict adherence to the time limit.
Whether the writ petition commanding correction of birth date should be allowed upon the application being time-barred.
Colour shows how this judgement treated each authority
Anand Singh Versus U.P.Board of Secondary Education and 2 othersReferred¶7
Special Appeal No. 160 of 2014 - Anand Singh Versus U.P.Board of Secondary Education and 2 others
1 provisions across 1 enactments
Geeta Devi
State Of U.P.
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
