- (1.) The reference has arisen on the following question as formulated by a single Bench in the order of December 8, 2014: "I) whether the time limit of 7 (seven) years to apply for correction of date of birth is rigid and inflexible, or is the West Bengal Board of Secondary Education empowered to effect such correction at any time on the application of an aggrieved party, provided exceptional circumstances are shown by the relevant authority and that the case is fit to be entertained?"
(2.) The question arose in connection with a writ petition filed upon the failure or refusal by the respondent authorities to correct the date of birth recorded in the admit card and pass certificate issued by the West Bengal Board of Secondary Education (the Board) to the petitioner. It is recorded in the order dated December 8, 2014 that the "petitioner had applied before the Board several times for effecting correction of his date of birth but since no response had been received, this writ petition has been presented on November 25, 2014 seeking, inter alia, order on the Board to correct his date of birth"
(3.) In course of the hearing on December 8, 2014, the Board relied on an unreported decision of a single Bench rendered on September 6, 2010 in WP 18467(W) of 2010 (Miss Krishna Basu @ Bose v. The State of West Bengal). Such judgment was cited for the proposition that after a particular point of time no correction could be effected and, as such, no mandamus could be issued in respect thereof.;