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IN THE HIGH COURT OF JUDICATURE AT PATNA

(Civil Writ Jurisdiction)


W.P.(C) No.548 of 2019
Panchmi Kumari ----Petitioner
Versus

The State of Jharkhand & Ors. ----Respondents

The statement of facts on behalf of Respondent No.2 and 3.

1. That the instant writ petition has been filed by the petitioner for
issuance of direction upon the respondent No.2 and 3 for making
necessary correction forthwith in the ‘date of birth’ in the
matriculation certificate of the petitioner issued by the respondent
B.S.E.B., Patna.

2. That the petitioner has appeared in matriculation examination


conducted by the board in the year 1990 with Roll Code No.148
and Roll No. 00018 and passed the said examination with Second
Class. Petitioner was the regular student of U.C. Girls High School,
Muri.

3. That in the year 1989 the Bihar School Examination Board had
taken a decision, that no student will be allowed to appear in
Matriculation examination below the age of 14 years as on 1 st
Mach of the that year in which they appear in the board
examination and directions were also issued to all the Principals of
the school affiliated to the Bihar School Examination Board to
make ensure that no examination form of the student will be
forwarded to the Board, whose age is below 14 years on
01.03.1990 (Year of examination). So those students whose age
was below 14 years as on 01.03.1990 the date of birth will be
01.03.1976. This decision of the board had been issued vide Memo
No. S.P.A. 172/1989 dated 23.08.1989.
2

A photo copy of decision vide


Memo No. S.P.A. 172/1989 dated
23.08.1989 is annexed herewith
and marked as Annexure-A to this
S.O.F.

4. That so far as application of the petitioner for correction in the date


of birth is concern; the Bihar School Examination Board has
rejected the application for correction in date of birth on
02.04.2019 and communicated the same to the petitioner.

A photo copy of rejection order


dated 02.04.2019 is annexed
herewith and marked as Annexure-
B to this S.O.F.

5. That it is humbly submitted that in the light of circular issued vide


Memo No. W.S.PA 172/89 dated 23.08.1989, the date of birth of
the petitioner would not be less than 01.03.1976 that is why in the
original certificate of the petitioner the date of birth has been
written 01.03.1976.

6. That after going through the above mentioned paragraphs it


become clear that the board has taken the proper decision in view
of the existing rules and circulars and writ petition has no merit and
is fit to be dismissed.

Sd/-

(Himanshu Kumar Akela)


Advocate

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