Court No. - 18
Case :- WRIT - C No. - 9188 of 2017 Petitioner :- Aditi Kushwaha (Minor) Respondent :- Union Of India Thru' Its Secy. & 2 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- Surendra Prasad Sharma
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri S.P. Sharma, learned counsel representing the respondent nos. 2 and 3 and Sri Rajesh Tripathi, learned counsel representing the newly impleaded respondent no. 4- Principal, Air Force School, Bamrauli, Allahabad.
The issue involved in the present writ petition is as to whether the date of birth of the petitioner is 05.12.2000 or is 14.05.2000.
The claim of the petitioner is that inadvertently at the time of admission in the year 2005-06 the incorrect date of birth was mentioned as 05.12.2000 whereas the correct date of birth of the petitioner is 14.05.2000. The said mistake was not noticed by the petitioner or her parents up till the petitioner leave college/school. However, when for the higher studies the petitioner was required to submit the admission form etc. it is transpired that there is a human error.
According to the petitioner immediately she has moved an application before the competent authority / respondents for rectification of the error and further contended that in fact there is no otherwise advantage to the petitioner to get alleged correct date of birth being 14.05.2000 as no advantage will be available to the petitioner for the same.
Though the affidavits are exchanged and from the perusal of the documents enclosed along with the affidavits this Court find that there are prima facie appear to be human error which can be rectified by the authorities, if the same is rectifiable, in accordance with law.
The counsel for the petitioner has submitted that in fact the petitioner has received an offer for further higher studies in the faculty of Life Sciences at the University of Bristol, U.K. (United Kingdom) and further that the petitioner is a highly meritorious student and in case if the date of birth of the petitioner is not rectified the petitioner will lose the opportunity as well as scholarship, which is offered to her by the said University.
In the aforesaid background, this Court find it proper to direct the respondent to reconsider the matter a fresh and in case, if the petitioner's claim is found genuine and can be permissible under the law, the same be rectified / ordered in accordance with law, positively at an early date i.e. by 15th January, 2019, if the petitioner present the certified copy of this order by 24th of December, 2018.
The writ petition is disposed of.
Order Date :- 19.12.2018 SK Srivastava