Disposed¶21

Kanchan Kumari v. The State Of Bihar and Ors.

Patna HC8 Apr 2024CWJC/18302/2014

Case brief

AI extract

What is this about?

Date of birth correction in Matriculation Certificate; Bihar School Examination Board; 29.02.1970 non-existent date (1970 not a leap year); correction to 01.03.1970; human error in school records; Headmaster confirmation letter dated 16.01.2014; application dated 21.02.2011; Sri Govind High School, Suryagarha, Lakhisarai; CWJC No.18302 of 2014; Patna High Court; Justice Anil Kumar Sinha; decided 08-04-2024; writ disposed with time-bound directions.

What did the court decide?

Writ disposed with directions for correction of the petitioner's date of birth from 29.02.1970 to 01.03.1970: the Headmaster (respondent no. 9) to forward the corrected date of birth to the Board within two months treating it as human error, and the Board to take its decision within a further two months. ¶21

Kanchan Kumari Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the date of birth recorded in the petitioner's Matriculation Certificate should be corrected from 29.02.1970 to 01.03.1970, given that the year 1970 was not a leap year and 29 February did not appear in that year.

¶12

Court's answer

The Headmaster (respondent no. 9) is directed to forward before the Board the corrected date of birth of the petitioner from 29.02.1970 to 01.03.1970, treating the entry as human error, as early as possible, preferably within two months from receipt of the order.

¶17

Ratio / Principle

After receipt of the corrected date of birth, the Board shall be obliged to take a decision within a further period of two months for correction of the petitioner's date of birth from 29.02.1970 to 01.03.1970.

¶20

Key takeaways

If the Headmaster's response to the Board's letter dated 16.01.2014 (Annexure-D to the Board's counter affidavit) is received, the Board shall take necessary action in the matter in accordance with law.ratio¶16

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J), decided 08-04-2024, disposed Civil Writ Jurisdiction Case No.18302 of 2014 confined to correction of the petitioner's date of birth in the Matriculation Certificate from 29.02.1970 to 01.03.1970, the recorded date being impossible as 1970 was not a leap year. The petitioner's application dated 21.02.2011 had been forwarded by the Headmaster of Sri Govind High School, Manorampur, Suryagarha, Lakhisarai; the Bihar School Examination Board considered it and wrote to the Headmaster on 16.01.2014 (Annexure-D to its counter affidavit) but received no reply. The Court directed the Headmaster (respondent no. 9) to forward the corrected date of birth to the Board within two months, treating the entry as human error, and directed the Board to take its decision on the correction within a further period of two months; if the Headmaster's response to the Board's letter is received, the Board is to act in accordance with law.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18302 of 2014

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======================================================

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Kanchan Kumari D/o Upendra Prasad now Dead W/o Vinod Kumar Resident of village - Rampur, District - Lakhisarai, At Present of village - Kaithwara, P.O. Karma, through - Sikandra, District - Jamui

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... ... Petitioner/s

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Versus

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The State Of Bihar 2. Bihar School Examination Board, Patna through its Chairman 3. The Secretary Bihar School Examination Board, Patna 4. The Director Secondary Education, Bihar, Patna 5. The District Education officer, Lakhisarai 6. The District Program Officer, Lakhisarai 7. The Block Education Officer, Surya Garha, Lakhisarai

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The Head Master, Sri Govind High School, Manorampur, Suryagarha, Lakhisarai

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The Head Master, Middle School, Rampur, Suryagarha, Lakhisarai

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh For the Respondent/s : Ms. Binita Singh, GP-31 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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13 08-04-2024 1. Heard learned Counsel for the parties concerned.

¶12

Learned counsel for the petitioner confined his prayer only for correction of date of birth mentioned in the Matriculation Certificate as 01.03.1970 instead of 29.02.1970. As per the application of the petitioner, dated 21.02.2011, forwarded by the Headmaster of Sri Govind High School, Manorampur, Suryagarha, Lakhisarai, the date of birth of the petitioner is 01.03.1970 instead of

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Patna High Court CWJC No.18302 of 2014(13) dt.08-04-2024 2/3

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29.02.1970, as the year 1970 was not a leap year and the date of 29^th February was not appearing in the year 1970.

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Learned counsel for the Bihar School Examination Board, Patna (hereinafter referred to as “ the Board” ) submits that it is correct that 29^th February was not a date appearing in 1970. The application of the petitioner forwarded by the Headmaster of the school for correction of the date of birth from 29.02.1970 to 01.03.1970 was considered by the Board and the Board has already forwarded a letter to the Headmaster of the school dated 16.01.2014 (Annexure- D to counter affidavit of Board) but thereafter, no reply has come from the side of the Headmaster.

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If the response of the Headmaster of the School on the letter, dated 16.01.2014, (Annexure-D to the counter affidavit of the Board) is received, the Board shall take necessary action in this regard in accordance with law.

¶17

Having regard to the submissions of the parties Headmaster (respondent no. 9) is directed to forward before the Board the corrected date of birth of the petitioner from 29.02.1970 to 01.03.1970 treating it to be human error as early as possible, preferably within a

¶18

Patna High Court CWJC No.18302 of 2014(13) dt.08-04-2024 3/3

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period of two months from the date of receipt of this order.

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After receipt of the corrected date of birth, the Board shall be obliged to take a decision within a further period of two months for correction of date of birth of the petitioner from 29.02.1970 to 01.03.1970.

¶21

With the aforesaid observations and direction, this writ application is disposed.

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(Anil Kumar Sinha, J)

¶23

Sudha/-

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Kanchan Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

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Kanchan Kumari v. The State Of Bihar and Ors.

Case brief

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