Allahabad High Court
Rejendra Prasad vs Regional Secretary, Madhyamik Shiksha ... on 7 August, 1998
Equivalent citations: (1998)3UPLBEC1933
Author: O.P. Garg
Bench: O.P. Garg
JUDGMENT O.P. Garg, J.
1. Heard Sri A.K. Yadav, learned Counsel for the petitioner.
2. The date of birth of the petitioner in the High School certificate, it is alleged has been wrongly mentioned as 10.2.1976 while it should have been 3.7.1978. The petitioner made a representation for correction of his date of birth to respondent No. 2 but the representation has been rejected on the ground that it was filed beyond the time prescribed.
3. After having heard the learned Counsel for the petitioner, I find that it is necessary that the controversy may be decided on merit by respondent No. 2 after taking into consideration the material which may be brought before him by the petitioner after hearing him.
4. The writ petition is finally disposed of with the direction that respondent No. 2, Secretary, Madhyamik Shiksha Parishad, U.P. Allahabad shall decide the question of correct date of birth of the petitioner by a speaking order within a period of three months from the date a certified copy of this order is produced before him.
5. Needless to say, that the petitioner shall be permitted to produce before him the relevant affidavit and the material in support of his contention.