Heard Mr. B.C. Pathak, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Standing Counsel, SEBA. By means of this writ petition, the petitioner has prayed for a direction to the respondents to correct his date of birth recorded in the HSLC certificate as 28.11.1986 instead of 1.1.1985. The petitioner has also challenged the communication dated 12.6.2009 (Annexure-J) made to the father of the petitioner by the Assistant Controller of Examination, SEBA conveying the decision not to consider the request for change of date of birth on the ground of being time barred.

2. The petitioner was a student of Chhaygaon H.S. School, from which he appeared in the HSLC examination in 2001 and passed the same securing second division. In the HSLC certificate dated 19.6.2001, his date of birth was recorded as 1.1.1985. Referring to the Annexure-C, D and E documents, it is the case of the petitioner that he was born on 28.11.1986 and accordingly his date of birth could not have shown as 1.1.1985 in the HSLC certificate. It is the further case of the petitioner that because of clerical mistake, date of birth of the petitioner was wrongly recorded in the HSLC certificate as 1.1.1985 instead of 28.11.1986. The father of the petitioner had made a representation to the SEBA and the authority in the SEBA vide its Annexure-F letter dated 12.8.2004 informed the father of the petitioner that his application could not be considered on the following grounds:

(1) Proposal should come through the H.O.I.

(2) Proposal should be counter signed by the I/S concerned.

(3) Original documents to be submitted.

(4) Admission register to be submitted.

By the said communication, the applicant was required to meet the objections on or before 25.8.2004.

3. The petitioner could not meet the objections. As per the averments made in paragraph-5 of the writ petition, the Headmaster of the school did not entertain the request made by the applicant and consequently could not meet the objections raised by the SEBA. Four years thereafter, the petitioner once again approached the SEBA authority vide Annexure-H representation dated 10.9.2008 and the application having been rejected on the ground of time barred vide the Annexure-J communication dated 12.6.2009, the petitioner has approached this Court by filing the instant writ petition.

4. In the counter affidavit filed by the respondents No. 2 and 3, it has been stated that since the petitioner did not follow the information as was communicated vide the aforesaid letter dated 12.8.2004, nothing could be done in the matter and thereafter when the petitioner once again approached in 2008, the same could not be entertained being time barred. Referring to the rules holding the field, it has been contended that any request for correction of date of birth should be within three years from the date of commencement of the HSLC examination.

5. Mr. Chutia, learned Standing Counsel, SEBA has also drawn my attention to the regulation for conducting of Boards examination approved by Board in its meeting held on 5.10.1993, in terms of which, no candidate shall be allowed to appear in the HSLC examination of the Board as regular candidate unless he has completed 15 years of age on the 1st day of March of the year of examination. He submits that if the request of the petitioner is accepted, in that case, he would have been ineligible to appear in the HSLC examination, in which, he appeared in the year 2001 being under aged.

6. Mr. Pathak, learned counsel for the petitioner on the other hand submits that if any mistake was there due to clerical errors, the same should be corrected instead of rejecting the same on technicalities. He also submits that because of the mistake, even if any, committed by the parents of the petitioner, the petitioner himself shall not be made to suffer. In this connection, he has referred the decision of the then Bombay High Court reported in 1988 (2) Bom CR 146 (Aparna v. Shivaji Univ