- (1.) This petition seeks the quashing of the communication dated 30th/31st August, 2013 sent by the Assistant Secretary (Pramanpatra) on behalf of the Regional Secretary at Varanasi of the Madhyamik Shiksha Parishad, U.P. (hereinafter referred to as the 'Board') to the Principal of the D.A. Girls Inter College, Kataudha, Basti enclosing therein the corrected High School certificate and mark-sheet with 15th July, 1975 instead of 15th July, 1986 as the date of birth of respondent no.5-Shabana Khatoon and for correcting the date of birth in the College records.
(2.) It transpires from the records of the writ petition that respondent no.5-Shabana Khatoon appeared at the High School Examination conducted by the Board in 2003 from D.A. Girls Inter College and the date of birth mentioned in the High School certificate issued to her by the Board in June, 2003 is 15th July 1986. Both the petitioner and respondent no.5-Shabana Khatoon contested the election for the post of Chairman, Nagar Panchayat, Ashrafpur, Kichhuachha, District Ambedkar Nagar which was held on 7th July, 2012 in which Shabana Khatoon was declared elected but the petitioner filed Election Petition No.4 of 2012 in the Court of District Judge, Ambedkar Nagar for setting aside the election of Shabana Khatoon on the ground that she was only 26 years of age when she filed the nomination paper whereas only those candidates who had completed 30 years age could contest the election. The Election Petition was finally decided on 9th May, 2013. The election of Shabana Khatoon as Chairman of the Nagar Panchayat was set aside as she was found to be less than 30 years since her date of birth was recorded as 15th July, 1986 in the High School certificate. This order dated 9th May, 2013 was assailed by Shabana Khatoon in Writ Petition No.3277 (M/S) of 2013 filed before the Lucknow Bench of the High Court.
(3.) It also transpires from the records that during the pendency of the Election Petition, Shabana Khatoon filed Writ Petition No.7064 (M/S) of 2012 before the Lucknow Bench for a direction upon the Board to correct her date of birth mentioned in the High School certificate and pursuant to the directions issued by the Court on 17th December, 2012, she filed a representation dated 20th December, 2012 before the Secretary of the Board for correcting her date of birth in the High School certificate and mark-sheet from 15th July, 1986 to 15th July, 1975. This representation was rejected by the Secretary of the Board by the order dated 14th February, 2013 for the reason that under Regulation 7 contained in Part 2-B of Chapter III of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act') any application for correction of date of birth could be filed only within two years from the date of issuance of the certificate.;