Dismissed

Nandkeshwar Nath Tiwari v. Regional Office of Central Board of Secratary Education and Another

Allahabad HC27 Sept 2021WRIC/18519/2018

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What is this about?

The Court dismissed a writ petition challenging a decision to reject the petitioner's application for change of date of birth. The authority found manipulation in school records, a disputed fact within its jurisdiction that the Court refused to examine.

What did the court decide?

The writ petition was dismissed as it is open to the petitioner to file a civil suit.

Nandkeshwar Nath Tiwari Vs Regional Office of Central Board of Secratary Education and Another — Allahabad HC (2021) — LawSathi Research

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Court No. - 18

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Case :- WRIT - C No. - 18519 of 2018

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Petitioner :- Nandkeshwar Nath Tiwari Respondent :- Regional Office Of Central Board Of Secratary Education And Another Counsel for Petitioner :- Pramod Kumar

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Counsel for Respondent :- Surendra Prasad Sharma,Raghvendra Tripathi

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Hon'ble Ajay Bhanot,J.

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Rejoinder affidavit filed on behalf of the petitioner is taken in the record.

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Heard Sri Pramod Kumar, learned counsel for the petitioner and Sri Surendra Prasad Sharma, learned counsel for the respondent No.1.

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While rejecting the application for change in date of birth made by the petitioner, the competent authority of the Central Board of Secondary Education (CBSE) in the impugned order dated 12.04.2018 has found interpolation in the records of the schools. The reasons which dissuaded the authority from accepting the application for change of date of birth made by the petitioner as recorded in the impugned order are reproduced below:

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"Besides, it was noticed after verification of date of birth certificate that it has been recently issued. It is further noticed that column of Date of Birth at Page No.5, 8, 10 to 13, 55, 56, 57, 63, 65, 66, 72, 76, 79, 80, 86, 88, 90, 92, 96, 99 and 100 of previous school scholar register are left blank, which reflects that previous school register has also been newly created. After verification of original school records, it was returned to the representation of the school concerned on 03.04.2018.

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In view of above and after verification of original school records, the correction in date of birth from 02.02.2002 to 02.08.2002 and father's name from BAL KISHAN TIWARI to SHRI KRISHAN TIWARI in respect of Roll No.5062095/2016 is regretted due to manipulation in the school records as noticed above."

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Sri Ashosk Kumar Pandey, learned counsel for the petitioner submits that there was no manipulation in the records.

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These disputed questions of fact which especially findings of forgery have been made by a competent authority cannot be gone into in exercise of powers under writ jurisdiction. Further the findings have been made after due application of mind to the records before the authority. There was no procedural impropriety while passing the impugned order. This Court cannot appreciate or receive evidence while exercising writ jurisdiction. The competent forum for that is the civil court.

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The writ petition is dismissed.

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It is open to the petitioner to file a civil suit if so advised.

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Order Date :- 27.9.2021 Ashish Tripathi

Nandkeshwar Nath Tiwari v. Regional Office of Central Board of Secratary Education and Another

Case brief

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Nandkeshwar Nath Tiwari v. Regional Office of Central Board of Secratary Education and Another

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