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2024 Supreme(All) 682

PRAKASH SINGH
Divyanshu – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. , Madhyamik Education, Deptt. , Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajeev Kumar Dwivedi,Rama Raman Mishra
For the Respondent: C.S.C.

JUDGMENT :

Shree Prakash Singh, J.

1. Heard learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned Chief Standing Counsel and Mr. Pankaj Patel and Mr. Vivek Shukla, learned Additional Chief Standing Counsels for the State.

2. Since a legal question is involved to be adjudicated, therefore, notice to opposite party no.5 is hereby dispensed with.

3. By means of the instant petition, the petitioner has assailed the order dated 30.9.2023 passed by the opposite party no.3, i.e., Regional Secretary, Madhyamik Shiksha Parshad, Varanasi (hereinafter referred to as 'Board") whereby the claim of the petitioner with respect to correction of date of birth of the petitioner in the mark sheet-cum-certificate is rejected.

4. Brief factual matrix of the case is that on 3.9.2005, petitioner took admission in the institution, namely, Patiraji Montessori School, Badhupur, Pratappur Kamaicha and he remained over there till class Vth, whereafter school leaving certificate was issued in which date of birth of the petitioner is mentioned as 30.9.2005. After completion of class VIIIth standard, the petitioner took admission in High School at J.B.I.C., Mathura Nagar, Ramgarh, Sultanpur, and

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