A plaintiff's claim for correction of a birth date on a High School Certificate is unmaintainable without primary evidence and proof of clerical error, particularly when filed beyond the permitted timeline.

JUDGMENT :

A.C. BEHERA, J.

1. This 2^nd appeal has been preferred against the reversing judgment.

The appellant was the plaintiff in T.S. No.96 of 1995 and respondent no.1 in the 1^st appeal vide T.A. No.53 of 1998.

2. The respondents were the defendants in T.S. No.96 of 1995 and Respondent Nos.2 to 4 in the 1^st appeal vide T.A. No.53 of 1998.

3. The suit of the plaintiff against the defendants was a suit for declaration and mandatory injunction.

4. As per the averments made in the plaint, he had born on 01.08.1955 in village Jamapara, which was previously in the undivided district of Cuttack, but at present, in the district of Kendrapara. The date of birth of the plaintiff at the beginning of his academic career was correctly entered as 01.08.1955 in his Primary School register at Jamapara Primary School. His horoscope was prepared a few days after his birth indicating his date of birth as 01.08.1955. He (plaintiff) was reading in Jamapara M.E. School after passing out from his Jamapara Upper Primary School since 1965 to 1967. In the school Admission Register of Jamapara M.E. School, his date of birth was also correctly recorded as 01.08.1955. He (plaintiff) passed M.E. School in the year 1967. Thereafter, he (plaintiff) took admission in Jamapara Boy’s High School in Class-VIII. He(plaintiff) appeared the High School Certificate examination in the month of March, 1971 through Jamapara Boy’s High School. But, when the certificate was issued by the Board of Secondary Education, Orissa in his favour, his date of birth was wrongly recoded as 05.07.1953 instead of his correct date of birth 01.08.1955. Thereafter, he(plaintiff) could able to detect such mistake on 01.05.1993 and after detecting that mistake about the wrong recording of his date birth in his High School Certificate, he (plaintiff) immediately approached to the Headmaster of Jamapara M.E. School on 05.07.1993 and requested him to issue a certificate in his favour indicating his date of birth 01.08.1955. Thereafter, he(plaintiff) approached to the Headmaster of Jamapara Boy’s High School on 31.01.1994 disclosing before him that his date of birth has been wrongly recorded in his High School Certificate issued by the Board of Secondary Education, Orissa, Cuttack as 05.07.1953 instead of 01.08.1955 and requested him to take steps for correction of his date of birth in his Board Certificate from 05.07.1953 to 01.08.1955 stating that, in the Transfer Certificate of Jamapara M.E. School, his date of birth has been indicated correctly as 01.08.1955. He (plaintiff) also requested his appointing authority, i.e., the Principal, Sarala Maha Bidyalaya, Rahama(defendant no.4) on 18.08.1994 for correction of his date of birth in his service book from 05.07.1953 to 01.08.1955, but, the defendant no.4 expressed his inability to make such correction. Thereafter, he (plaintiff) approached to the defendant no.1(Board of Secondary Education, Odisha) through a representation on 26.08.1994 for correction of his date of birth in his High School Certificate from 05.07.1953 to 01.08.1955, but to which defendant no.1 did not pay any heed. Thereafter, he (plaintiff) approached the civil court by filing the suit vide T.S. No.96 of 1995 being the plaintiff arraying Board of Secondary Education, Odisha, Headmaster, Jamapara M.E. School, Headmaster of Jamapara Boys High School and Principal, Sarala Maha Bidyalaya, Rahama as defendants praying for a declaration that, his date of birth entered in his High School Certificate as 05.07.1953 is erroneous and his correct date of birth is 01.08.1955 and to issue mandatory injunction against the defendant no.4 (Principal, Sarala Maha Bidyalaya, Rahama) for correction of his date of birth in