- (1.) The petitioner Radhey Shyam has filed the writ petition under Article 226 of the Constitution praying for an order, direction or a writ in the nature of certiorari quashing the impugned letters dated 24/04/1989 and Ap 26/04/1989 (Annexures Nos. 4 and 5 respectively).
(2.) The petitioner appeared in High School examination of the U.P. Intermediate Board of Education, Allahabad in the year 1976 from Dayanand Inter College, Gorakhpur. In this application form, he had shown his date of birth as 1st Febr., 1962. He received his High School Certificate in the month of October 1979 wherein his date of birth was incorrectly shown as 6-6-1960 instead of lst Febr., 1962. He immediately moved an application through the Principal of the College in accordance with the rules framed by the Education Board for rectification of his date of birth in the High School Certificate. The Principal of the College sent a report on 7-6-1980 to respondent No. 1 requesting to correct the date of birth of the petitioner in the High School Certificate along with the cases of 13 other students whose date of birth had also been wrongly recorded in their Certificates. After a lapse of about 2 years the respondent No. 1 without looking into the report and other material sent by the Principal returned all the applications vide order dated 30-4-82 which was despatched on 26-5-82 with a direction for a fresh report. That too was complied with by the principal who sent his report on 2-2-1984. By its letter dated 30-10-85 (Annexure No. 7) the respondent No. 1 informed the petitioner that because his application was received beyond two years of the despatch of the High School Certificate, it cannot be considered, by its another order dated 21-8-1986, the respondent No. 1 informed the petitioner that it had no authority to consider the cases of correction of date of birth in cases of Government servants. Thus the application of the petitioner for correcting the mistake occurred in his High School Certificate was finally rejected by respondent No. 1 and his High School certificate was returned.
(3.) It is an uncontroverted fact that the petitioner appeared in High School examination in the year 1976. It was after a lapse of the period of 3 years that he received his High School Certificate in the month of October 1979. In the certificate, according to the petitioner, his date of birth was incorrectly shown as 6-6-1960 instead of 1-2-1962. He applied for correction of his date of birth by an application moved through the principal of the college which was duly forwarded by him to respondent No. 1 by his report dated 7-6-1980. (Annexure No. 4) The application was thus moved within about 8 months of the receipt of the High School Certificate by the petitioner. The respondent No. 1 took about 3 years to send a reply to the principal of the College calling for a fresh report from him. As has been said earlier. The fresh report was called by the respondent No. 1 from the principal of the college by a letter dated 30-4-1982 which was despatched from the office of respondent No. 1 on 26-5-82. It shows negligence and laches on the part of respondent No. 1 itself. The petitioner applied for correction of the mistake in the High School Certificate regarding his age within a period of limitation. He cannot be penalised on account of delay either on the part of the principal of the College or on the part of respondent No. 1 itself. The default committed by the principal cannot recoil on the petitioner. The respondent No. 1 also cannot take advantage of delay on its own part. Moreover, the plea of limitation cannot be taken by the respondent No. 1 in a case where there is a mistake on its own part.;