- (1.) This special appeal arises from a judgment of the learned Single Judge dated 8 January 2014.
(2.) The appellant, in the writ proceedings sought to question the legality of an order dated 11 October 2013 passed by the first respondent rejecting his application for correction of the name of his mother in the certificate issued by the U.P. Board of High School and Intermediate Education (hereinafter referred to as the Board) on the ground that it was submitted beyond the prescribed period of three years. The appellant passed the High School examination conducted by the Board in 2006 from the Saraswati Vidya Mandir Uchchatar Madhyamik Vidyalaya, Deviganj, District Fatehpur. Prior thereto, the appellant completed his Junior High School studies from Purva Madhyamik Vidyalaya, Kirtikheda, District Fatehpur. According to the appellant, the name of his mother was recorded as Munni Devi in the record of the aforesaid Institution. It is stated that when the appellant took admission for High School studies, the name of his mother was recorded as Munni Devi in the scholar register and also in the Transfer Certificate issued by the Saraswati Vidya Mandir Uchchatar Madhyamik Vidyalaya. However, it is his case that due to a bona fide mistake committed by him, the name of his mother was mentioned as Lata Devi when he obtained registration in the High School Examination 2006. The mistake continued at the time of registration in the Intermediate Examination-2008. On 26 October 2010, the father of the appellant submitted an application to the Secretary of the Board through the Principal of the Saraswati Vidya Mandir Uchchatar Madhyamik Vidyalaya for correcting the name of the mother of the appellant in the High School and Intermediate certificates from Lata Devi to Munni Devi. Copy of this application indicates that an endorsement was made by the Principal of the Institution on 29 October 2010 that the correct name of the mother of the appellant is Munni Devi and so the necessary corrections may be made in the certificates. On 3 September 2012, an application was again submitted before the Secretary of the Board for correcting the name of the mother of the appellant. Since the application was not disposed of, the appellant filed a writ petition, which resulted in an order dated 1 August 2013, directing the authority concerned to take an expeditious decision in the matter. Eventually, the application was rejected by the order dated 11 October 2013 on the ground that it was filed beyond the prescribed period of three years prescribed in the Regulations.
(3.) The Regulations, which have been framed in pursuance of the U.P. Intermediate Education Act, 1921, contain Regulation 7 for correction of the details bearing in the High School and Intermediate certificates. The said Regulation 7 as amended on 20 September 2013 provides as follows:- " XXX XXX XXX.";