“13. Three-year period provided by the Regulation, is a very
reasonable period. On the very date of issuance of the
certificate, the student concerned is put to notice as to the
entries made in the certificate. Everyone remembers his age
and date of birth. The student would realise within no time
that the date of birth as entered in the certificate is not
correct, if that be so, once the certificate is placed in his
hands. Based on the certificate the applicant would seek
admission elsewhere in an educational institution or might
seek a job or career where he will have to mention his age and
date of birth. Even if he failed to notice the error on the date of
issuance of the certificate, he would come to know the same
shortly thereafter. Thus, the period of three years, as
prescribed by Regulation 3, is quite reasonable. It is not
something like prescribing a period of limitation for
filing a suit. The prescription of three years is laying
down of a dividing line before which the power of the
Board to make correction ought to be invoked and beyond
which it may not be invoked. Belated applications, if allowed
to be received, may open a Pandora's box. Records may not be
available and evidence may have been lost. Such evidence —
even convenient evidence — may be brought into existence as
may defy scrutiny. The prescription of three years' bar takes
care of all such situations. The provision is neither illegal nor
beyond the purview of Section 24 of the Act and also cannot be
called arbitrary or unreasonable. The applicants seeking
rectification within a period of three years form a class by
themselves and such prescription has a reasonable nexus with
the purpose sought to be achieved. No fault can be found
therewith on the anvil of Article 14 of the Constitution.”
It can be noticed that apart from a wholly different factual matrix,
the Court in Md. Sarifuz Zaman
78
was dealing with a very narrow
question of reasonability of the limitation period for correcting
clerical mistakes under the umbrella of a statutory law. The Court
had no occasion to deal with circumstances wherein a person would
78 supra at Footnote No.16
124