Sudhir Narin, J. - (1.) THE petitioner has sought a writ of mandamus commending the respondents to decide various representations alleged to have been made by him to the Secretary, Board of High School and Intermediate Education, U. P. Allahabad, respondent no. 2 (hereinafter referred to as the 'Board') to correct the date of birth mentioned in the High School Examination Certificate.
(2.) THE petitioner appeared at the High School examination in the year 1957. He was issued High School Examination Certificate indicating his date of birth as 11th January, 1942. He further took higher education and passed M. Sc. (Ag.) and also obtained Ph. D. In the year 1964 he entered into service as Lecturer of Agriculture Botany in Shri Durgaji Degree College, Chandeshwar, District Azamgarh. The petitioner has come to this Court with the allegation that he came to know in the year 1965 that in the High School Certificate his date of birth was recorded as 11th January, 1942. In the year 1954 the petitioner had passed class Vth in which the petitioners date of birth was mentioned as 1-12-1944 and in the Junior High School Leaving Certificate also his date of birth was mentioned as 1-12 1944. The date of birth as recorded in the High School Certificate was erroneous. He made representations dated 1-12-1965 and 31-3-1966 before the Board but those representations were not decided. The petitioner again made representations dated 26-8-1992, 12-11-1992, 29-3-1993 and 12-11-1993 but till today no decision has been taken by respondent no. 2 in the matter. The petitioner has sought a writ of mandamus commanding respondent no. 2 to decide the aforesaid representations. The petitioner had passed High School examination in the year 1957 and thereafter he appeared at various other examinations. He did not, according to him, make any representation till the year 1965 when he came to know about the incorrect mention of date of birth in the High School Certificate. It is not necessary to decide the question as to when the petitioner had come to know about the date of birth as recorded in the High School Certificate and when he made the first representasion before respondent no 2. The petitioner has to establish that respondent no. 2 has a duty under the Statute to determine about the date of birth.
(3.) WRIT of mandamus is issued when there is a duty cast upon an authority to adjudicate a controversy or a matter which is provided under the Statute. In case there is no such duty cast upon such an authority it cannot be directed by issue of a writ of Mandamus to decide such controversy. The Court cannot by issuing a mandamus confer jurisdiction upon an authority who does not possess it. In State of Madhya Pradesh v. G. C. Mandawar, AIR 1954 SC 493, it was held that mandmus can be geanted only when there is in the applicant the right to compel the performance of some duty cast on the opponent.;