Pratap Kumar Ray, J. - (1.) HEARD the learned Advocates appearing for the parties. In the instant writ application, the Petitioner, the Headmaster of the concerned school has challenged the decision of the Deputy Secretary (Records) of the West Bengal Board of Secondary Education as communicated under Memo No. 08/1 dated April 26, 2002 whereby and whereunder it was comminuted that the representation of the Petitioner dated April 22, 2002 praying for correction of entry of the date of birth in the School Final certificate relating to the School Final Examination of the year 1959 was rejected on the ground that the President, West Bengal Board of Secondary Education declined to interfere with such recording of the date of birth in the School Final certificate at this stage. In the writ application, the Petitioner has prayed for the following reliefs: (a) A writ in the nature of Mandamus commending the Respondents to allow the Petitioner to continue his service as Headmaster of the said Samsara Patpara High School accepting the date of birth of the Petitioner as on October 1, 1944 after cancelling the order letter dated April 26, 2002. (b) A writ or writs in the nature of certiorari commanding all the Respondents to certify and transmit all the records of this case to this Hon'ble Court so that conscionable justice may be administered to the Petitioner.
(2.) THE writ application has been opposed by filing affidavits by the West Bengal Board of Secondary Education. The fact leading to the writ application is to this effect. The writ Petitioner passed the School final Examination in the year 1959 conducted by the Board of Secondary Education, West Bengal wherein the date of birth was recorded as October 1, 1942. Such dated of birth was considered as a wrong every by the Petitioner and accordingly he affirmed an affidavit in the Court of 1st class Magistrate, Tamluk on May 11, 1963 by contending that the entry of the date of birth in the School Final certificate was wrongly made as the Petitioner's date of birth as understood from the deceased father was October 1, 1944.
(3.) THE Petitioner joined in the school service as Assistant teacher on January 2, 1967. The Service book of the Petitioner was prepared long after his entry into the service as per G.O. No. 1980 -Edn (s) dated December 15, 1971 wherein by the endorsement as signed by the Headmaster on April 26, 1981 the date of birth was recorded as October 1, 1944.;