IMPORTANT POINT
The correction of date of birth in official records requires irrefutable proof, and delays in seeking such corrections can lead to dismissal of the application.

JUDGMENT :

RAI CHATTOPADHYAY, J.

1. The matter relates to correction of date of birth of the petitioner. In the birth certificate of the petitioner issued by the Panchayat, in the PAN Card, EPIC Card, Aadhar Card and Driving Licence of him, his date of birth has been mentioned to be March 11, 1976, which the petitioner has claimed to be the actual and proper recording. This has further been corroborated in the ‘transfer certificate’ issued by the school authority, at the time of his leaving the school after class-IV, the petitioner says. Contrarily, in his Admit Card for school leaving examination and the certificate thereof, the same has been mentioned as March 11, 1974. The petitioner has stated, that the date of birth of him, as mentioned in the admit card and certificate, is erroneous.

2. The petitioner, by submitting an application January 5, 2020, has sought for correction of his date of birth, as mentioned in the admit card and certificate, before the issuing authority, that is, the West Bengal Board of Madrasah Education/respondents No. 2 to 5, but allegedly to no avail. Hence, he has filed this writ petition. His prayer is that the said respondent Board be directed to immediately correct the date of birth in the admit card and certificate. In this connection the petitioner has stated that he has appeared before the Board President on March 25, 2021 for hearing, though no order has yet been issued by the same, effecting necessary correction in those documents.

3. Ld. Advocate Mr. Anirban Datta for the petitioner and Ld. Advocate Mr. Sk Md. Galib for the C.I.D West Bengal, are present in Court today, at the time of hearing.

4. Necessary is to mention that the Court had earlier directed the C.I.D. West Bengal, to cause an enquiry in this case, upon recording its finding that the birth certificate issued by the Panchayat, is a suspicious document. An enquiry has been conducted and report thereof is filed in Court today and taken on record.

5. Mr. Anirban Datta for the petitioner has submitted that the transfer certificate of the school would show the date of the petitioner as March 11, 1976, which should have been taken into consideration by the Board, that being an authentic document issued by the school authority. Thereafter, he has referred to another document that is birth certificate of the petitioner issued by the panchayat, showing the date to be March 11 1976. Mr. Anirban Datta for the petitioner would submit that the birth certificate being an authentic document as the proof of age of a person, should have been considered by the respondent/Board, for correction of its own record, like admit card and certificate, issued to the petitioner, with erroneous recording of his date of birth. Mr. Anirban Datta, for the petitioner would refer to the admit card of the elder brother of the writ petitioner to suggest that considering the date of birth of the elder brother recorded therein and that of the petitioner recorded in his admit card, one can find a difference of 4 days, between the said two dates of birth. He says that as such, the recording in the admit card of the petitioner is evidently erroneous, which requires correction. He would further submit that the respondent/Board has already concluded petitioner’s hearing with respect to his prayer for correction of date of birth, on March 25, 2021 but has not yet communicated to the petitioner, its final decision, as regards the grievance and prayer of the writ petitioner. Therefore, Mr. Anirban Datta, for the petitioner would submit that the instant writ petition may be allowed, with the direction upon the respondent/Board, to immediately take steps for necessary corrections, as per the documents mentioned above, to be incorporated in the credentials of the writ petitioner.

6. Mr. Sk Md. Galib, for the C.I.D. West Bengal, would rely upon the report submitted in Court today. He would say that in the certificate dated January 5, 2020, the headmaster of the school has declared t