IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Reserved on:23.12.2020 Pronounced on:31.12.2020 WP(C) No.3628/2019 Mohammad Amin Bhat ...Petitioner(s)

Through: - Mr. M. Ashraf Wani, Advocate.

Vs.

J&K Board of School Education & Ors. …Respondent(s)

Through: - Mr. M. I. Dar, Advocate, CORAM:

HON‟BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.

JUDGMENT

1) The short grievance projected by the petitioner in this petition is that his actual date of birth reflected in the school records is 28^th of March, 1963 but due to clerical error, has been carried as 5^th of April, 1961 in the qualification certificates issued by the J&K Board of School Education, the respondent No.1. He claims that he moved a formal application for correction of his date of birth from 5^th of April, 1961 to 28^th of March, 1963 in the year 2009 and a Correction Committee constituted by the respondents considered his case in a meeting held on 29^th of September, 2009, and rejected the same on the ground that no variation was found between the school and Board records. This was conveyed to the petitioner by the Assistant Secretary of the Board vide his No.F1415(Certs-corr-1)B/2009/Item No.15/IV dated 25.10.2009.

2) It is claimed that subsequent to the rejection of his case in the year 2009, the petitioner got information that the stand taken by the Board while rejecting his case was factually incorrect and contrary to record. The petitioner claims that he once again approached the respondents but was told to apply afresh on the prescribed format. Accordingly, the petitioner submitted fresh application on the prescribed format on 26^th of August, 2015. While the application of the petitioner was under consideration, the petitioner in response to an application moved under Right to Information Act got further information from the Board which substantiated the plea of the petitioner that his recorded date of birth forwarded by the school authorities to the Board was 28^th of March, 1963.

3) It appears that feeling aggrieved of the inaction on the part of Board authorities to accord consideration to his case, the petitioner filed OWP No.356/2016. The writ petition was disposed of by the Court vide its order dated 15^th of March, 2016, at its threshold and without issuing formal notice to the respondents. The respondent Board was directed to accord consideration to the claim of the petitioner for rectification of error in date of birth certificate issued by the Board to the petitioner keeping in view the recorded position in terms of school records. Four weeks time was granted to the Board authorities to do the needful. In compliance, the Board considered the case of the petitioner afresh and vide communication No.F-1415(CC-Corr-Certs-03MC)B/16 dated 06.05.2016, impugned in this petition, once again rejected the case of the petitioner on the ground that same did not fall within the purview of rules and regulations governing the correction of date of birth. It is this communication of the respondent Board which is called in question by the petitioner in this petition. Petitioner also seeks a Mandamus to the Board authorities to effect correction of date of birth from 5^th April, 1961 to 28^th of March, 1963 and issue a fresh date of birth certificate.

4) Respondents represented by Mr. M. I. Dar, resists the petition by placing strong reliance on Regulation No.17 of the J&K Board of School Regulations, 1992 [“the Regulations”]. Counsel for the respondents submits that the claim put forth by the petitioner for correction of his date of birth which was recorded in the Board records in the year 1980, is highly belated and barred by limitation and, therefore, not covered by the Regulations.

5) Having heard learned counsel for the parties and perused the record, it is necessary to first set out Regulation No.17 of the Regulations, which lays down elaborate procedure for correction of date of birth:

“17.(i) Ordinarily no correction in the date of birth of any candidate registered with the Board for any