Heard learned counsel for the parties.
Petitioner before this Court had appeared in the High School examination conducted by the Board of U.P. High School and Intermediate Education Board in the year 2005. He was declared successful in the high school examinations, necessary mark-sheet and transfer certificate were issued in his favour in the year 2005 itself. The date of birth as recorded in the high school certificate is admittedly 08.02.1988.
The petitioner thereafter appeared in the Intermediate examination conducted by the same Board in the year 2007, he was declared passed. Mark-sheet and certificate were issued in his favour in respect of Intermediate examination in the same year.
It appears that the petitioner has been selected and appointed as Shiksha Mitra with reference to the academic qualification possessed by him.
A complaint has been made in respect of the date of birth of the petitioner as mentioned in his application form which according to the petitioner has rightly been disclosed as 08.02.1981 (reference paragraph 16 of the writ petition).
The petitioner contends that he had made a representation in the year 2005 itself before the college namely, Lala Ram Shri Devi Inter College, Chabeelpur, Aligarh for necessary correction in the date of birth as recorded in the High School certificate. The petitioner has been informed by the Zonal Office of the Board at Meerut in the year 2008-09 that it is only when the petitioner produce his transfer certificate pertaining to his having passed Class-V examination that rectification in the records of the Board shall be made. Petitioner on the basis of such information claims to have submitted application dated 22.11.2011, 19.06.2012, 25.06.2012, 26.06.2012 and 09.08.2012 before the Manager, Adarsh Shishu Niketan, Heeranwada, District Shamlee, Uttar Pradesh. It is his case that the Manager of the said institution is deliberately not issuing the transfer certificate and is harassing the petitioner. According to the petitioner the Manager is retaining the records with himself unauthorizingly.
Petitioner, therefore, seeking a writ of mandamus directing the Respondent No.5 to issue the transfer certificate or some appropriate authority may be directed to rectify the date of birth of the petitioner. By means of prayer No. 2, he prays that the respondents state authorities may be restrained from holding back his salary w.e.f. 31.08.2012 till his representation for correction in the date of birth is decided by Board of High School and Intermediate Education, Uttar Pradesh Allahabad.
The writ petition, filed by the petitioner appears to be an attempt to seek correction in the High School certificate, is a clear violation of the statutory provisions as contained in Part 2B, Chapter 3 Rule 7 of the regulation framed under the Intermediate Education Act. Corrections in the High School marksheet/certificate can be permitted only when an application is filed in the manner prescribed by registered post within two years of the issuance of the certificate/marksheet.
In the facts of the case more than seven years have been lapsed from the date the high school certificate had been issued disclosing the date of birth of the petitioner as 08.02.1988. There is nothing on record to establish that the petitioner ever made any application in accordance with Part 2B Chapter 3 Rule 7 within the time permitted.
The story set up by the petitioner of his being asked by the Zonal Office of the Board to produce the transfer certificate of Class-V appears to have been concocted to explain non-compliance of statutory provisions is wholly irrelevant for any correction in the High School certificate/ transfer certificate from an institution from where petitioner passed his Class V examination. The date of birth of the student is to be corrected with reference to the records maintained in the Institution from where he has appeared in the High School examination.
In the opinion of the Court the writ petition is an attempt to some how obtain an order from this Court for consideration of his request for correction in the High School certificate contrary to the statutory provision, so that it may be an explanation for the false statement made in the application form submitted for being appointed as Shiksha Mitra. The writ petition is wholly misconceived and is accordingly dismissed.
Order Date :- 21.11.2012 Mukesh