SECRETARY, U.P. HIGH SCHOOL & INTERMEDIATE EDUCATION, ALLAHABAD & ANR. versus H.K.LAL

Citation: [2007] 1 S.C.R. 822 · Decided: 11-01-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SECRETARY, U.P. HIGH SCHOOL & INTERMEDIATE EDUCATION, 
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ALLAHABAD & ANR. 
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H.K.LAL 
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JANUARY 11, 2007 
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[S.B. SINHA AND MARKANDEY KATJU, JJ.] 
Constitution of India, 1950: 
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Article 226-Writ petition-Maintainability of pending appeal-
Appeal against judgment and decree passed in a suit for correction of date 
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of birth pending-Writ petition filed before High Court-High Court 
directing the authorities to comply with the decree in the suit-Held, the 
question as to whether plaintiff has a legal right to alter his date of birth 
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recorded in certificate by Board was pending consideration before appellate 
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court-Therefore, writ petition was not maintainable and should not have 
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been entertained by Single Judge-Even the delay in filing the special 
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appeal was such which should have been condoned by the Division Bench 
of the High Court-Delay. 
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State of Punjab v. Mohinder Singh, [2005] 3 SCC 702, referred to. 
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q_VIL APPELLATE JURISDICTION: Civil Appeal No. 6203 of2000. 
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From the Judgment and final Order dated 20.5.1999 of the High Court 
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of Judicature at Allahabad in S.A. No 32/1999. 
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Niranjanan Singh for the Appellants. 
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The Order of the Court was delivered by 
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S.B. SINHA, J. : The U.P. High School and Intermediate Education 
Board, Allahabad is before us questioning a judgment and order dated 
20.3.1999 passed by the Division Bench of the Allahabad High Court 
dismissing .the Special Appeal filed by the appellants herein against a 
judgment and order dated 14.10.1998 passed by the learned Single Judge of 
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the Allahabad High Court in Civil Misc. Writ Petition No. 33278 of 1998. 
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822 
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SECRY., U.P. HIGH SCHOOL & INTERMEDIATE EDU., ALLAHABAD v. H.K. LAL [SINHA, J.] 
823 
The respondent was Principal in a College known as C.N.I. Boys Inter 
College, Dehradun. In his matriculation certificate granted by the appellants 
his date of birth was recorded as 25.6.1938. In the year 1994 a writ petition 
being writ petition No. 12027/1994 was filed praying for issuance of a writ 
of or in the nature of Mandamus directing the appellants to alter his date 
of birth to 17 .8.1940. The said writ petition was disposed of by a judgment 
and order dated 29.2.1996 directing the Board to pass an appropriate order 
thereupon. Pursuant to and in furtherance of the said direction, an application 
filed by the respondent herein for alteration of his date of birth in the 
certificate granted by the Board, was rejected. Another writ petition was filed 
by the respondent which was also dismissed, inter alia, on the premise that 
his remedy lay in filing a suit before a Civil Court. Thereafter, he filed a suit 
in the year 1997 before the Civil Judge, Dehradun. The said suit was decreed. 
An appeal was preferred by the Board against the said judgment which was 
marked as appeal No. 28/98. Allegedly, an order of stay was granted therein. 
However, the said order of stay was later on vacated. Thereagainst a writ 
petition was filed and the High Court set aside the said order and directed 
the District Judge to recall the matter to his own court and dispose the 
matter himself or transfer it to any court other than the court which had 
earlier passed the order. At that stage the respondent filed a writ petition 
before the Allahabad High Court which was marked as O.S. No. 76I/I997. 
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The said writ petition was allowed by the learned Single Judge of the 
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High Court by order dated 14.10.1998 whereby and whereunder the Secretary, 
U.P. High School and Intermediate Education, Allahabad was directed to 
comply with the decree passed by the Civil Court on 18.4.1998. Against the 
aforementioned judgment and decree, the Special appeal filed by the appellant 
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herein had been dismissed by reason the impugned judgment both on the 
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ground of delay as also on merit stating as under : 
" ... There is no occasion for the Court to condone the delay, even 
otherwise the court finds that the judgment of the Hon'ble Judge 
in the writ petition is based on facts and further on the circumstances 
that H.K. Lal had filed a suit and had obtained a declaration. In the 
circumstances, the Hon'ble Judge held that the Secretary, U.P. High 
School and Intermediate Education, Allahabad, was obliged to get 
the date of birth of the petitioner changed. This court has no 
reason to take a different view than taken by the Hon'ble Judge in 
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Writ Petition No.

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