P.P.Gupta, J. - (1.) THE petitioner Dr. Harihar Nath Baijal passed his High School Examination in the year 1946 and his date of birth in the High School Certificate was shown as 4th December, 1931. His actual date of birth was 4 -12 -1933, but due to inadvertence and oversight of the petitioner's guardian, his date of birth was wrongly mentioned as 4 -12 -1931 when he was admitted to the school. This wrong date of birth was, therefore, reflected in his High School Certificate also. Sometime in the past, the petitioner came to know that his correct date of birth was 4th December, 1977. He immediately moved an application before the District Magistrate, Agra, who passed an order for investigation in the matter by the Registrar (Births and Deaths), Agra under the provision of the Registration of Birth and Deaths Act, 1969. On the basis of the investigation it was found as a fact that the correct date of birth of the petitioner was 4th December, 1933. Accordingly, a correction was made in the Births and Deaths Register maintained in Nagar Mahapalika. Agra and a fresh Certificate of Registration No. 1605 was issued on 23 -11 -1991 to the petitioner indicating date of birth as 4 -12 -1933. A copy of the aforesaid certificate dated 23 -11 -91 is attached as Annexure 2 to the writ petition. On receipt of the Certificate dated 23 -11 -91, the petitioner immediately made a representation to the Secretary, Board of High School and Intermediate Education. U.P., Allahabad (respondent No. 1) praying for correction of his date of birth as 4 -12 -1933 on the basis of the certificate dated 23 -11 -91. A copy of the representation is attached as Annexure 3 to the writ petition. The respondent No. 1, on the representation of the petitioner, passed the impugned order dated 21 -12 -91 by which the petitioners representation for correcting his date of birth in the High School certificate was rejected. A copy of the impugned order is Annexure 4 to the writ petition Feeling aggrieved by the said order, the petitioner has filed this writ petition.
(2.) LEARNED counsel for the petitioner and the learned Standing counsel for the respondents were heard at length and the record of the case was perused. The impugned order dated 21 -12 -91 passed by respondent No. 1 has been perused by me. The representation of the petitioner appears to have been rejected by respondent No. 1 on two grounds: (i) that the representation is barred by limitation under clause (7) of Chapter III of Part 2 (Kha) of the Regulations of the Board; and (ii) that the date of birth of a government servant cannot be changed in view of the Government Order No. 41/2 -69 Niyukti -4 dated 18th May, 1974. I have considered both the objections raised by the respondent No. 1. Clause 7 of Chapter III of Part 2 (Kha) of the Regulations framed by the respondent No. 1 under the U.P. Intermediate Education Act (hereinafter referred to as the Act) prescribes conditions only with respect to the correction of any clerical or accidental mistake committed due to oversight, inadvertence, negligence, etc at the level of the Board or institution, last attended by a candidate. It prescribes that such a mistake can be corrected only if a representation against it is made within two years from the date of issue of the Certificate by respondent No. 1. In the instant case, the petitioner has not sought correction of any mistake occurred due to oversight, negligence or inadvertence etc. on the part of the respondent No. 1. He has sought correction on account of the inadvertent mistake on the part of his guardian who mentioned incorrect date of birth at the time of his admission. As such the representation of the petitioner cannot be said to be barred by limitation under clause 7 of Chapter III of Part 2 (kha) of the Regulations framed by the U.P. High School and Intermediate Education Board. The first objection regarding limitation has, therefore no force and is over -ruled.
(3.) THE other contention raised on behalf of the respondent is that in view of the Rule 2 of the Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974 (hereinafter called the Rales of 1974) the date of birth of the petitioner as entered, in his High School Certificate cannot be corrected. It is needless to emphasise that these rules are applicable to the government servants alone and the rules prescribe that in respect of the government servants date of birth as recorded in their Service Books or in the High School Certificates where the said certificate is available cannot be changed and the date of birth recorded in the High School Certificate and the service record is deemed to be correct. The petitions is admittedly not a government servant.;