JUDGEMENT
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(1.)THE petitioner has filed this writ petition
assailing the validity of order dated 5th of
Sept., 2005 passed by the Secretary, Board of
Secondary Education, Rajasthan, Ajmer
(hereinafter referred to as 'the Board') whereby
the representation preferred by the petitioner
on 26.2.2003 for correction in his date of birth
in the High School Examination 1964 certificate
issued by the Board has been rejected.
Brief facts of the case are that the
petitioner was working as L.D.C. in Chopasani
School Education Society, Jodhpur and retired
from the post of U.D.C. on attaining the age of
superannuation. The petitioner earlier filed
writ petition being numbered as S.B. Civil Writ
Petition No.2327/2003 before this Court wherein
a grievance was raised that in the High School
Examination 1964 certificate issued by the
Board, the date of birth of the petitioner has
wrongly been mentioned as 8.5.1945 instead of
8.5.1947 and despite his several requests to the Board, by way of representations, the Board has
not corrected his date of birth in the
certificate. A coordinate Bench of this Court
26th vide order dated of May, 2005 gave a
direction to the Secretary to the Board to
consider and dispose of the representations
submitted by the petitioner within a period of
six weeks. In pursuance to the said directions
given by this Court, the Secretary to the Board
has passed the order dated 5.9.2005 and rejected
the representation of the petitioner. Being
aggrieved with said rejection order, the
petitioner has preferred this writ petition.
(2.)LEARNED counsel for the petitioner has argued that on account of inadvertence, in the
transfer certificate date 12.5.1962, issued by
the Head Master of Government Middle School
Baori (Jodhpur), the date of birth of the
petitioner was mentioned as 8.5.1945 instead of
8.5.1947 and for correcting the same, the petitioner has written letter in the year 1962
itself but to no avail, however, on the basis of
the said certificate, the Board has mentioned
the date of birth of the petitioner as 8.5.1945
in certificate of High School Examination 1964
and despite production of all documentary
evidence, the Board has illegally rejected the
representation of the petitioner on the basis of
surmises and conjectures.
Learned counsel for the petitioner has further submitted that the Secretary of the
Board has not decided the representations of the
petitioner as per the directions given by this
Court in the earlier writ petition. It is also
contended that the Secretary to the Board has
decided the said representation while relying
upon incorrect facts and has passed the impugned
order without application of mind. It is also
argued that the petitioner is making request for
correction in his date of birth since 1962 and,
therefore, it cannot be said that the petitioner
has made the said request after a great delay.
(3.)ON the strength of the above arguments, the learned counsel for the petitioner has prayed
that the impugned order dated 5.9.2005 may be
quashed and set aside and the directions be
issued to the Secretary to the Board to make
necessary corrections in the date of birth of
the petitioner in the High School Examination
1964 certificate dated 12.6.1964 (Annex.6), by mentioning his date of birth of the petitioner
as 8.5.1947.
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