ORDER :

1. This is a respondents’ appeal arising out of the judgment and order dated 26.07.2021 passed by the learned Single Judge, allowing Writ-C No. 5412 of 2021.

2. The writ petitioner, who is respondent no. 1 to this appeal, passed her High School Examination in the year 2014 from the Board of High School & Intermediate Education, U.P. She was issued with a certificate-cum-marks sheet dated 30th May, 2014. Her High School Certificate-cum-Mark Sheet indicates her date of birth to be 20.07.1999. It is the petitioner’s case that she passed her Primary Education (Class-V) from the Primary Vidyalya, Saraiya-I, District Basti on 20.07.1999 and her date of birth recorded in her school records, including the School Leaving Certificate, is 07.07.1987. She passed her Class-VIII examination from Janta Laghu Uchchatar Madhyamik Vidyalaya, Mahulani Bujurg Bajar, Govindpara, Basti on 30.06.2002. In the Scholar’s Register and the Transfer Certificate issued by the Institution last mentioned, the petitioner’s date of birth is again recorded as 07.07.1987. She sought admission to Class-IX in the Ramdas Uday Pratap Audyogik Inter College, Bhatpurwa, Chilma Bajar, Basti through an application made for the purpose. In the said application form, jointly signed by the petitioner-respondent no. 1 and her guardian, her date of birth was accurately mentioned as 07.07.1987.

3. It is the petitioner’s further case that while making her application to the Board of High School & Intermediate Education to appear in the High School Examination of the year 2014, she correctly mentioned her date of birth as 07.07.1987, which accords with her recorded date of birth in the different institutions that she has attended.

4. Nevertheless, in her High School Certificate issued, the Authorities of the Board incorrectly recorded her date of birth as 20.07.1999, instead of 07.07.1987. The petitioner thereafter married. Her husband was employed with the Medical Health Department. The petitioner’s husband’s employer demanded details of his family members with their names, age and other details. It was then that the petitioner noticed that her date of birth has been incorrectly mentioned in her High School Certificate-cum-Mark Sheet.

5. The petitioner-respondent no. 1 filed an application on the prescribed proforma, seeking correction of her date of birth in the month of August, 2020. The application aforesaid was made to the Regional Secretary, Board of High School & Intermediate Education, Varanasi. It was duly supported by an affidavit and other documents. Faced with inaction, the petitioner submitted, through registered post, a reminder dated 26.10.2020 and again one dated 02.11.2020, also addressed to the Regional Secretary. The Board of High School & Intermediate Education, Varanasi took no action on the petitioner’s application for correction sought to her date of birth. In the circumstances, the writ petitioner-respondent no. 1 preferred Writ-C No. 5412 of 2021, which has come to be allowed by the learned Single Judge, ordering the appellant-Board and the State of U.P. in the appropriate department to correct the petitioner’s date of birth in her High School Certificate-cum Mark Sheet by substituting the date as 07.07.1987 for 20.07.1999. The corrected certificate has been ordered to be issued to the petitioner within one month of the date of presentation of a copy of the judgment passed by the learned Single Judge.

6. The appellant-Board and the State of U.P. in the Department of Secondary Education have challenged the aforesaid judgment and order, seeking its reversal.

7. Heard Mr. Ramanand Pandey, learned Additional Chief Standing Counsel for the appellants and Mr. Ashish Pandey, learned counsel appearing on behalf of petitioner-respondent no. 1.

8. The appellants assail the mandamus issued by the learned Single Judge on the sole ground that the writ petitioner had no right to correction of her date of birth, inasmuch as she filed application beyond the period of t