The head of an Anglo-Indian institution has the inherent or implied power to rectify a genuine mistake with respect to the declaration of the date of birth of a particular scholar.

S. K. Dhaon, J.

1. This petition, at the instance of a student of St. Joseph College, Allahabad (hereinafter referred to as the (College) stems from the orders passed by the Inspector of Anglo-Indian Schools (hereinafter referred to as the Inspector) refusing to enter the correct date of birth of the petitioner in the records of the college.

2. Standing counsel has accepted notice on behalf of the Inspector. Shri P. K. Mukherji has put in appearance on behalf of the Principal of the college. A counter affidavit has been filed on behalf of the principle of the college. The petitioner has not been formally admitted as yet. However, with the consent of the counsel for the parties this petition is being disposed of finally. St. Joseph College/School, an Anglo-Indian School, is governed by the Code of Regulations for Anglo-Indian Schools, U P The College/School is recognised by the I.S.C.E. Board.,

3. The petitioner studied opto class VIII in Bal Bharti Nursery School, Allahabad. He left that school on 30-4-1985. A transfer certificate was issued to him by the Principal of the said School on 30-8-1985. In this certificate his date of birth is noted as 15-7-1973. In the year 1985 he was admitted in class VIII in the college. THE college required his father to submit an affidavit -regarding the date of his birth.' In that affidavit, somehow it vands averred that the petitioner was born on 15-7-1969. On the basis of the said affidavit the date of birth of the petitioner was registered as 15-7- 1969 in the records of the college THE petitioner discovered the error with respect to the date of his birth when he was required to fill up the examination form for appearing in the final examination of class X, an examination conducted by the I.S.C.E. Board. At that stage, the father of the petitioner approached the Principal of the college with an application seeking correction of the date of birth of the petitioner. His father was directed to contact the Inspector. Accordingly applications were made to the Inspector and upon these applications the impugned orders had been passed.

4. Rule 58 of the Code of Regulations of Anglo-Indian Schools, U. P., inter alia, provides that no recognized school shall admit a scholar without the transfer certificate from the last school which he attended. The contents of rule 59 insofar as they are relevant to the present controversy are extracted :- ........ the date of birth of a scholar, as declared by a parent or the guardian at the time of his original admission to a recognised institution shall not be subsequently changed." The aforequoted provisions, it appears, have impelled the Inspector to take the view that no change of the date of birth of the petitioner is possible.

Learned counsel for the parties have not been able to satisfy me that the Code of Regulations of Anglo-Indian Schools, U. P. have statutory force. The provision of law under "which the said Code of Regulations have been framed has not been brought to my notice. Therefore, the primary question is whether either the Principal of the college or the Inspector is amenable to the jurisdiction of this court under Article 226 of the Constitution.

5. In Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mathotsar Smarath Trust v. V. R. Rudani, 1989 (2) SCC 691, it is held that the words "any person or authority" used in Article 226 are not to be confined only to statutory authorities and instrumentalities of the State. They may cover any other person or body performing public duty. The form of the body concerned is not very much relevant. What is relevant is the nature of the duty imposed on the body The duty must be judged in the light of the positive obligation owned by the person or authority to the affected party, no matter by what means a duty is imposed. If a. positive obligation exists, mandamus cannot be denied. Their lordships quoted with approval the view expressed by Professor de Smith in Judicial Review on adminis