Back
RAJARSHI BHARADWAJ
Md. Khurshid Alam – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Rajarshi Bharadwaj, J.)
The instant writ petition is preferred by one Md Khurshid Alam herein the writ petitioner challenging the letter dated 17.09.2013 by Deputy Secretary (Academic) and S P.I.O (HQ) dismissing application for correction of date of birth and name of father of the petitioner.
2. The facts of the case are that petitioner who appeared for Madhyamik (Secondary) Examination under West Bengal Board of Secondary Education in 1982 was issued an admit card recording his date of birth as 15.01.1965 instead of 10.01.1967. The name of the petitioner's father was incorrectly recorded as "Md Moin Ansari" instead of "Md Moin". The petitioner came to know about such discrepancies in his admit card in 2010.
3. The petitioner on 13.04.2010 made a representation to the Secretary, West Bengal Board of Secondary Education herein respondent No.1 by filing an application form for rectification of date of birth and name of father which was not taken into consideration. Thereafter an application under The Right to Information Act, 2005 was filed on 20.11.2012 seeking information regarding order passed in response to application dated 13.04.2010.
4. The petitioner's prayer for
The correction of date of birth in official records is subject to procedural requirements and cannot be claimed as a matter of right, especially after unreasonable delays.
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.
A government servant's date of birth can be corrected if the request is made within five years and does not affect eligibility for examinations, supported by a valid Birth Certificate.
The court's decision was based on the principle that in cases where a petitioner provides supporting documents for a requested correction and approaches the department in a timely manner, it is in th....
Belated applications for corrections can be entertained on merit despite regulatory time constraints.
The court elucidated that corrections in service records require thorough consideration of prior approvals and the petitioner's history, overriding claims of procedural delays by the government.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
