Jayanta Kumar Biswas, J. - (1.) The petitioner is questioning the decision of West Bengal Board of Secondary Education dated June 20th, 2006 rejecting his request to change his date of birth recorded in the certificate as November 24th, 1946. He wanted the board to correct the certificate by recording his date of birth as November 24th, 1952. He passed the higher secondary examination of the board held in August 1970 and received the certificate. In that his date of birth was recorded on the basis of his own declaration given with supporting evidence in the requisite application seeking permission to take the examination.
(2.) By an order dated June 20th, 1991 the state highway superintending engineer (of the circle concerned) appointed him to the post of work assistant in the work-charged establishment of the public works (roads) directorate of the state government. On November 12th, 1991 (that is what he claims) he submitted the application in prescribed form requesting the board to change his date of birth. Alleging that the board was not taking any action he moved a writ petition in this Court in 2005. By order dated January 25th, 2006 that was disposed of directing the board to give a reasoned decision in the matter. This is how the impugned decision has come to be given.
(3.) Counsel says that in the certificate issued in favour of the petitioner's elder brother, who took the school final examination of the same board held in August 1965, the date of birth of that gentleman was recorded as May 6th, 1946, and hence it can be reasonably concluded that the date of birth recorded in the certificate of the petitioner was not correct. He says that in support of the request for correction the petitioner submitted an affidavit affirmed by his uncle before the executive magistrate. His contention is that on the basis of the materials produced, including the duplicate school leaving certificate dated August 5th, 1991 issued by the head teacher of the primary school, the board was under the obligation to correct the date of birth recorded in the certificate.;