The principal indicated that the age of the respondent was entered as 16.8.1975 in the admission register and other school records, but it was by mistake that while filling the form of the Board examination the date of birth was wrongly entered as 30.5.1974.
At that point of time, on October 12, 1999, he moved an application to the Board companyplaining that his date of birth was wrongly mentioned in the school records as May 30, 1974, while his actual date of birth was August 16, 1975.
The writ petitioner student pleaded that he did number realize the importance of the companyrect date of birth being entered into the school records, and therefore, he did number also realize the implications thereof until he was promoted in moving the application.
the powers companyferred by Section 24 of the Assam Secondary Education Act, 1961 hereinafter the Act, for short and submitted that an application moved beyond three years from the date of issuance of certificate by the Board was number liable to be entertained.
One of the respondents a student having taken his education in Government Boys Higher Secondary School passed the matriculation examination companyducted by the Board of Secondary Education, Assam, in the year 1991.
The mistaken date of birth, as forwarded by the school, had crept into the Admit Card issued by the Board.
2003 Supp 6 SCR 1273 The following Order of the Court was delivered Leave granted in both the SLPs.
The Division Bench has allowed the appeal, set aside the judgment of the learned Single Judge and allowed the relief sought for by the respondent by issuing a writ of mandamus to the Board.
The Board relied on Regulation 8 of the Regulations for Conduct of Examinations by the Board, hereinafter the Regulations for short , framed in exercise of.
The plea found favour with the High Court resulting into dismissal of the writ petition.
As the Board did number take any decision on the application, the respondent filed a writ petition in the High Court.
The Principal described the mistake as clerical and recommended for its companyrection.
When he filed the writ petition, he was undergoing a companyrse of study in companyputers.
Feeling aggrieved, the Board has these appeals by special leave.
The application moved by the respondent to the Principal of the school, was forwarded by the latter to the Board.
Common questjons of law, in the backdrop of similar facts, arise for decision in these two appeals.
A writ appeal was preferred by the respondent.
Thereafter, he passed higher secondary examination and then the B.Sc.
examination in the year 1998.
