ARUN TANDON, J. - (1.) HEARD Counsel for the parties.
(2.) COMMITTEE of Management K. and E.M.V. Inter College, Atrauli, district Aligarh through its Manager has filed this writ petition against an order of the Secretary, Madhyamik Shiksha Parishad U.P., Allahabad dated 10-3-2003 whereby correction in the date of birth of Ramesh Chandra Verma respondent No. 4, as recorded in the High School Certificate of year 1981, has been directed as also against the consequential order issued by the District Inspector of Schools in that regard. Under the impugned order the date of birth of Ramesh Chandra Verma, which was originally recorded as 6-7-1961 has been corrected to read as 6th July, 1953. Such correction in the date of birth by the Madhyamik Shiksha Parishad U.P., Allahabad is being challenged on the ground that the same is wholly without jurisdiction inasmuch as under Chapter-Ill, Regulation 7 of Part- II-B of the Regulations framed under the Intermediate Education Act power to make corrections in the High School Examination Certificate issued by the Madhyamik Shiksha Parishad U.P., Allahabad has been conferred only for the purposes of making corrections in the clerical mistakes subject, however, to the condition that application in that regard must be made before the Principal/Centre Superintendent concerned alongwith a copy of the same being forwarded to the Secretary of the Madhyamik Shiksha Parishad U.P., Allahabad by registered post within two years of the date of issuance of the High School Certificate. For ready reference Regulation 7 of Chapter-Ill of Part 2-B of the regulations framed under the Intermediate Education Act is quoted herein below: .........[vernacular ommited text]...........
(3.) COUNSEL for the petitioner submits that in the facts of the present case correction has been effected after 22 years of the issuance of the High School Certificate and therefore, is wholly without jurisdiction. Even otherwise he points out that there was no clerical error in the issuance of the High School Certificate, which could be corrected under the said regulation. The Secretary, as a matter of fact, has made an attempt to re-assess the evidence qua the date of birth of Sri Ramesh Chandra Verma and has directed correction in alleged exercise of power under the aforesaid regulation, which does not confer any such power upon him.;