SECRETARY BOARD OF SECONDARY EDUCATION ORISSA Vs. SANTOSH KUMAR SAHOO
LAWS(SC)-2010-7-32
SUPREME COURT OF INDIA
Decided on July 07,2010

SECRETARY, BOARD OF SECONDARY EDUCATION, ORISSA Appellant
VERSUS
SANTOSH KUMAR SAHOO Respondents

JUDGEMENT

G.S. Singhvi, J. - (1.) Leave granted.
(2.) Whether the District Consumer Disputes Redressal Forum, Phulbani (for short, 'the District Forum') had the jurisdiction to entertain and allow the complaint filed by respondent No. 1 for correction of his date of birth recorded in the matriculation certificate and whether the National Consumer Disputes Redressal Commission (for short, 'the National Commission') committed an error by refusing to consider report dated 31.10.1995 submitted by Deputy Secretary of the appellant Board on the issue of eligibility of respondent No. 1 to take supplementary examination are the questions which arise for consideration in this appeal.
(3.) Respondent No. 1 appeared in the supplementary examination conducted by the appellant in 1983 as an Ex-student of G. Udayagiri Hubback High School. In the Admission Card and Provisional Certificate issued by the appellant, the date of birth of respondent No. 1 was shown as 10.05.1964. However, in the matriculation certificate his date of birth came to be recorded as 10.05.1961. Upon receipt of the matriculation certificate, respondent No. 1 contacted Headmaster of the school (respondent No. 2) who is said to have assured him that he will write to the appellant for making necessary correction. Thereafter, respondent No. 1 met the concerned officers of the appellant and handed over the matriculation certificate and letter written by respondent No. 2. Respondent No. 2 is said to have written another letter dated 19.8.1998 to the appellant for making necessary correction in the date of birth recorded in the matriculation certificate of respondent No. 1, but without any result. On its part, the appellant is said to have sent 2-3 communications to respondent No. 2 between 1988 and 1991 requiring him to furnish the admission register and copy of the cancelled transfer certificate for the purpose of verification of the date of birth of respondent No. 1 but the latter did not respond. On 30.6.1992, the appellant returned original certificate of respondent No. 1 without making correction and directed respondent No. 2 to submit the relevant records at the certificate distribution camp for checking the date of birth of respondent No. 1.;


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