Point of law: An authority vested with the jurisdiction to issue a certificate and to maintain record of it has inherent power to rectify the mistake, if any, that may occur in the certificate so issued provide the mistake is genuine and the person concern has no role attached to it. Therefore, any mistake of a clerical nature accruing in the certificates can be rectified on the application of the candidate concern or even by the authority concern in suo-motu exercise of its inherent power whenever the mistake comes to its notice.

JUDGMENT :

SANGEETA CHANDRA, J.

1. Heard the learned counsel for the parties and perused the record.

2. This petition has been filed by the petitioner challenging the order dated 12.09.2018 passed by the Opposite party no. 2 Madhyamik Shiksha Parishad Uttar Pradesh.

3. It has been submitted by the learned counsel for the petitioner that the petitioner was a regular student of Vidya Mandir Inter College, Milkipur, Faizabad, and took the examination of High School in the year 2011. But when she received her Marksheet and Transfer Certificate it was found that her date of birth was incorrectly shown as 15.07.1995 in place of correct date of birth which is 21.01.1996 as per Transfer Certificate/Schools record. The petitioner approached the Principal of Vidya Mandir Inter College, Milkipur, Faizabad, praying for correction of her date of birth but in the meantime, she had completed B.Sc. in 2016 and was admitted for MBBS in AIIMS Delhi. The Principal assured her that he will get corrected her date of birth in High School Certificate-cum-Marksheet as two dates of birth have been mentioned in High School Certificate and in Transfer Certificate. The Opposite party no. 4 the Principal of Vidya Mandir Inter College, Milkipur, Faizabad, wrote to the opposite party no. 2 on 20.09.2016 for correction of date of birth of the petitioner as per school record but no action was taken.

4. Thereafter, the petitioner approached this Court by filing a Writ Petition No. 222212 (M/S) of 2017 (Jyoti Pandey vs. State of U.P. and Others), this Court disposed of the petition on 18.09.2017 with a direction to the petitioner to make appropriate representation to the Secretary alongwith all necessary documents and the Secretary should consider the case of the petitioner for correction of date of birth in the light of the observations made by the Division Bench of this Court in Anand Singh vs. State of U.P. Secondary Education, 2014 (2) U.P.L.E.B.C. 1330, the Court left it open for the Authorities concerned to call for the reports and documents from District Authorities of the Education Department and also from the School concerned while passing the order on the representation of the petitioner.

5. The petitioner approached to the Opposite party no. 2 again alongwith all necessary documents and the opposite party no. 2 called for a report from the District Inspector of Schools, Faizabad, who submitted his report on 19.03.2018 saying that the date of birth of the petitioner according to the Transfer Certificate issued by Ram Pati Balbhadra Prasad Shukla, (R.P.B.P.) Junior High School, Milkipur, Faizabad, for Classes VII and VIII shows her date of birth as 21.01.1996 whereas the High School Certificate and Marksheet shows her date of birth as 15.07.1995.

6. The opposite party no. 2 also called for the Educational record of her School i.e. Vidya Mandir Inter College, Milkipur, Faizabad and thereafter passed the impugned order by observing that he had gone through the record produced by Ram Pati Balbhadra Prasad Shukla, (R.P.B.P.) J.H.S. Milkipur, Faizabad, wherein at the stage of admission of the petitioner initially in Class VII her date of birth was correctly mentioned. The student's Attendance Register and the Registration as per the hand written data made available for her showed some over writing. On the same the date of birth mentioned in the School records was 10.07.1996 (15.07.1995) and therefore, her application Form submitted to the Board for appearing Class X in examination also mentioned incorrect date of birth.

7. This Court has carefully perused the impugned order and finds that it is evident therefrom that as per Transfer Certificate issued by the Ram Pati Balbhadra Prasad Shukla (R.P.B.P.) Junior High School, Milkipur, Faizabad for Classes VII and VIII the date of birth of the petitioner was mentioned as 20.01.1996. But at the time of filling up of her form the details of the petitioner were incorrectly filled by the Vidya Mandir Inter College, Milkipur