The main legal point established in the judgment is the importance of proving the incorrect recording of date of birth and adhering to the prescribed period of limitation for filing a suit.

JUDGMENT :

A.K. Rath, J.

This appeal at the plaintiff's instance assails the confirming first appellate judgment of learned Additional District Judge, Jharsuguda in a suit for declaration that her date of birth in the High School Certificate is wrong.

2. The case of the plaintiff is that she is working as Staff Nurse at Central Hospital under M.C.L. Ib. Valley, Brajrajnagar since 19.8.1991. Her date of birth was mentioned as 5.7.1966 in the certificate of Diploma in Nursing and Midwifery as well Service Book according to the certificate issued by the Board of Secondary Education. While appearing in the H.S.C. Examination in the year 1983, she filled up her form mentioning her date of birth as 5.7.1967. But the defendant no.2, Secretary, Board of Secondary Education, Orissa, Cuttack, wrongly mentioned her date of birth in the certificate as 5.7.1966. In all her certificates right from Class I to I.A., her date of birth has been mentioned as 5.7.1967. The Headmistress of Municipal Girls High School has given correct date of birth to the defendant no.2 as admitted by her in her reply to the Advocate's notice. Because of wrong recording of date of birth in her Service Book, she being a Govt. servant, will be deprived of getting the service benefits and also pensionary benefits at the time of her retirement. Though she approached the defendant no.2 for correction of date of birth, but the defendant no.2 maintained a sphinx like silence. With this factual scenario, she instituted the suit seeking the reliefs mentioned supra, after serving notice under Sec.80 C.P.C. to the defendants.

3. The defendant no.1 was set exparte. The defendant nos.2 and 3 have filed their separate written statements denying the assertions made in the plaint. The case of the defendant no.2 was that she filled up the form to appear in the H.S.C. examination mentioning her date of birth as 5.7.1966. Accordingly, the defendant no.2 prepared the register. The records have been prepared by the Board in accordance with the Regulation 9 and 25 after receipt of forms duly filled up by the plaintiff. In all the available records, the date of birth of the plaintiff has been mentioned as 5.7.1966.

4. The defendant no.3 has also filed written statement admitting the plaint averments. It is pleaded that the competent authority has jurisdiction to correct the error.

5. Stemming on the pleadings of the parties, learned trial court struck four issues. Parties led evidence, oral and documentary. On anatomy pleadings and evidence on record, learned trial court came to hold that the date of birth mentioned by the defendant no.2 is correct. The plaintiff failed to prove that the defendants wrongly recorded her date of birth in HSC Certificate. She had not taken any steps for correction of her date of birth as per Regulation 39 of the Board of Secondary Education Regulation. The suit was filed after lapse of 20 years after issuance of HSC Certificate. Held so, it dismissed the suit. The unsuccessful plaintiff challenged the judgment and decree before the learned Additional District Judge, Jharsuguda in R.F.A. (T.S.) No.29 of 2005, which was eventually dismissed.

6. Mr. Budhiram Das, learned Advocate for the appellant, submits that in the admission register, the date of birth has been mentioned as 5.7.1967, but inadvertently the same has been mentioned as 5.7.1966 in the HSC Certificate. Learned trial court is not justified in holding that no notice under Sec.80 C.P.C. was served. No issue was framed with regard to service of notice under Sec.80 C.P.C. He further submits that the suit is within the prescribed period of limitation.

7. The plaintiff appeared at the H.S.C. Examination in the year 1983. H.S.C. Certificate was issued to her. Section-VI of the Regulations of the Board of Secondary Education, Orissa deals with miscellaneous regulations including regulations relating to the conduct of examinations and disciplinary measures. Regulation 39 of the Board of Secondary Education Regul