ALOK SHARMA,J. - (1.) This is another petition seeking neither the protection of a legal and/or fundamental right or enforcement of a statutory duty but invoking the equitable jurisdiction of this Court on the ground of mitigating the petitioner's hardship albeit attributable to himself.
(2.) The case set up by the petitioner is that he passed the 8th Class Examination in the year 2008 and in the Certificate and Marks sheet issued by District Education and Training Institute (hereafter, 'DEIT') Bharatpur, his date of birth was incorrectly recorded as 25.11.1995. This was again so in the petitioner's Certificate and mark sheet of Class 10th following the secondary school examination 2010 conducted by the Board of Secondary Education, Rajasthan (hereafter 'Board"). It has been submitted that the Birth-Death Registration certification indicating 6.6.1994 to be the petitioner's date of birth is correct. This fact is also established as the father of the petitioner expired on 3.8.1994 and in the event of the date of birth of the petitioner being taken as 25.11.1995 it would entail the embarrassing consequence of the petitioner being born after 15 months from the date of death of his father. An obvious impossibility. It has been submitted that in the circumstances on an application made DEIT issued the amended certificate and marks sheet of class 8 Board Examination, 2008 with the date of birth of the petitioner recorded as 6.6.1994, yet despite an application for correction in the date of birth of the petitioner in the Certificate and Marks sheet of Secondary Examination submitted to the Board, requisite correction has not been made. Resultantly the petitioner is being severely prejudiced. Hence, this petition.
(3.) The Board's defence to the petition is that while a student of Shri Girraj VMS Senior Secondary School, Deeg (Bharatpur) and in the examination form filled in by the petitioner, as sent to the Board, his date of birth was stated to be 25.11.1995. That is the basis of the petitioner's date of birth recorded in the Certificate and Marks sheet of Secondary School Examination, 2010 issued by the Board. It has been submitted that in terms of the regulation of the Board any correction in the student's name, name of mother/father/surname/date of birth in the mark-sheet or Certificate or Certificate with Marks sheet issued by the Board could be sought within a period of 2 years from the date of issue of the marks sheet. The requisite application by the petitioner was not made in time but after 5 years of the issue of the marks sheet/certificate. Further the date of birth recorded in the marks sheet and certificate following the secondary examination is as stated by the petitioner, and he has to live with it. It was submitted that in any event change in the date of birth cannot be resolved in a petition under Article 226 of the Constitution of India and for the purpose the petitioner would be well advised to lay a suit for declaration, lead requisite evidence and obtain a declaratory decree from a competent civil court. Heard. Considered.;