Petitioner sought writ to correct date of birth in HSC Certificate. Court denied writ maintainability due to date of birth dispute and prior order granting liberty to approach appropriate forum.
Petitioner granted liberty to approach appropriate forum; writ petition disposed of.
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W.P.(C) No.21467 of 2015
10.03.2016
Heard Mr. T.K. Mandal, learned counsel for the petitioner and Mr. S.S. Rao, learned coun
sel for Board of Secondary Education, Odisha.
The petitioner has filed this writ application for correction of his date of birth recor
ded in HSC Certificate issued by the Board of Secondary Education, Odisha.
Mr. T.K. Mandal, learned counsel for the petitioner submits that earlier the petitioner
had approached this Court by filing W.P.(C) No.19360/2014 wherein by order dated 20.10.2014 th
is court disposed of the same granting liberty to the petitioner to approach the appropriate f
orum ventilating his grievances. Accordingly, the petitioner made grievance before the Board o
f Secondary Education, Odisha, but the same has not been considered. Therefore, the petitioner
has approached this Court by filing this writ petition.
Mr. S.S. Rao, learned counsel for Board of Secondary Education, Odisha submits that sinc
e there is dispute with regard to date of birth, the petitioner has to approach the appropriat
e forum. Instead of approaching the appropriate forum, the petitioner has filed this writ peti
tion which is not permissible under the law.
Considering the contentions raised by the learned counsel for the parties, since there i
s dispute with regard to date of birth, this Court is not inclined to entertain this applicati
on. However, the petitioner is at liberty to approach the appropriate forum ventilating his gr
ievance, if he is so advised.
With the above observation, the writ petition is disposed of.
Issue urgent copy as per Rules.
Dr. B.R. Sarangi, J.
2 issues framed by the court
Whether a writ petition is maintainable for correction of date of birth in HSC Certificate when there is a dispute requiring appropriate forum determination.
Whether the Court should entertain an application for correction of date of birth where the petition was dismissed earlier with liberty to approach the appropriate forum.
The Petitioner
Board of Secondary Education, Odisha
B.R. Sarangi
As recorded by the court registry
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