Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties and perused the record.
(2.) THE parties agree that the writ petition may be disposed of at this stage as there is no factual controversy involved in this writ petition. The petitioner has filed this writ petition for quashing the impugned order dated 15.9.2008 passed by respondent No. 1, the Secretary, Madhyamik Shiksha Parishad, U.P. Allahabad. He has also prayed for a writ of man damus directing respondent No. 1 to correct his date of birth in High School Mark-sheet and Certificate as 18.7.1989. The facts of the case are that the petitioner appeared in the High School examination conducted by the Madhyamik Shiksha Parishad, U.P. Allahabad in the year 2004 and in his registration form he had given his date of birth as 18.7.1989. After obtaining marksheet of the High School and certifi cate he came to know that incorrect date of birth has been recorded in mark-sheet as 18.7.1988 and in the certificate as 10.10.1987 whereas in both the marksheet and certificate of High School his date of birth should have been written as 18.7.1989.
(3.) THE contention of learned Counsel for the petitioner is that the date of birth of the petitioner is 18.7.1989 and the mark-sheet and certificate of High School of the petitioner show that two different dates of births other than 18.7.1989 written by the petitioner in his examination form. The petitioner moved several applications before the Regional Secretary, Madhyamik Shiksha Parishad, U.P. Varanasi for correction of his date of birth. When no action was taken he filed Civil Misc. Writ Petition No. 35821 of 2008 before the High Court for a direction to the Board to correct his date of birth in the mark-sheet and certificate of High School, which was dis posed of vide order dated 23.7.2008 with a direction to respondent No. 1 to de cide the grievance of the petitioner by a reasoned and speaking order. Pursuant to thereof, the matter was taken up by the Secretary of the Board which was rejected by the Board vide order dated 15.9.2008 on the ground of delay in mov ing the application.;