Himachal Pradesh High Court
Basti Ram vs H.P. Board Of School Education And ... on 11 May, 2015
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 9435/2012Decided on: 11.5.2015 .
___________________________________________________ Basti Ram. ...Petitioner.
Versus H.P. Board of School Education and others.
...Respondents.
______________________________________________________________ Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting? 1 For the Petitioner: Ms. Kiran Dhiman, Advocate vice Mr. Onkar Jairath, Advocate.
For the Respondent: Mr. Parmod Thakur, Addl. A.G. with Mr. Neeraj Sharma, Dy. A.G. for respondents No.2 and 3.
None for respondent No.1.
_________________________________________________________ Justice Rajiv Sharma, Judge (oral).
Petitioner was engaged as Part Time Revenue Chowkidar in the Revenue Department in the year 1990.
He passed his matriculation examination as a private candidate in the year 1997. His date of birth was 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 15/04/2017 18:09:07 :::HCHP 2
recorded in the matriculation certificate as 6.8.1967 vide Annexure P-1.
2. Case of the petitioner, in a nutshell, is that .
his date of birth was 6.8.1971 and error has crept in his matriculation examination certificate wherein his date of birth has been recorded as 6.8.1967. There is a detailed procedure prescribed in the Himachal Pradesh Board of School Education Examination Regulations, 1994, as amended from time to time the manner in which the date of birth can be changed. According to Regulation 14.6, the Chairman/Secretary may permit correction in date of birth of a candidate in case of genuine clerical errors, if it is proved that wrong entry was depicted on the original certificate of the candidate which was not consistent with the entry in his admission form, provided that the request for such corrections are received within one year from the date of declaration of result. In this case, the result was declared in the year 1997 and the petitioner has issued legal notice to the Secretary of the respondent-Board in the month of June, 2012 vide Annexure P-8. It is further stipulated under Regulation 14.6.1 that correction in date of birth can be allowed at ::: Downloaded on - 15/04/2017 18:09:07 :::HCHP 3 any time in the matriculation examination certificate only on the basis of middle standard examination certificate or elementary examination certificate issued .
by the Education Department under the conditions enumerated therein. Petitioner has not placed on record the copy of middle standard examination certificate or elementary examination certificate. He has only placed reliance upon horoscope. The date of birth cannot be changed on the basis of horoscope. Petitioner has not got any declaration from the court of law to alter his date of birth.
Moreover, in the service record, the date of birth can be altered only as per the provisions contained in rule 7.1 of the H.P. Financial Rules, 1971.
3. Accordingly, there is no merit in the present petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.
(Justice Rajiv Sharma), Judge.
11.5.2015 *awasthi* ::: Downloaded on - 15/04/2017 18:09:07 :::HCHP