Rule 69.2 came for interpretation before this court in the case of Pervinder Kumar Vs. Secretary, CB.S.E. Haryana Circle and others, 2008(4) RCR (Civil) 237, wherein in paras 14 and 15 of the judgement, this court made the following observations :
" 14. In the case of Karam Singh Vs. State of Punjab and another (supra) relied upon by the counsel for the appellant, this Court has relied upon three decisions, namely, Jiwan Dass Vs. State of Haryana 1989(2) ILR Punjab and Haryana 110, Hari Parshad Handa Vs. State of Punjab (1985-1)87, PLR 39 and State of Haryana Vs. Chander Singh alias Chander Bhan, 1988(2) PLR 264. In the case of Jiwas Dass Vs. State of Haryana (supra), it was held that even if the period of two years or extended period of six months are not available and there is no remedy left under the administrative law after the stipulated period has expired, legal remedy under the civil law will still be available, because administrative law cannot, in fact, bar the jurisdiction of civil courts. It was further held that even the decisions of administrative authorities allowing or rejecting those requests for alternation in date of birth which may have been made within the stipulated period, too are open to judicial scrutiny when challenged before a Court of competent jurisdiction. It was thus held in the case of Jiwan Dass Vs. State of Haryana and another (supra) that even if a remedy as per the administrative law/rules had become barred by limitation, a legal remedy is available to the aggrieved person under the civil law before a civil court.
15. In the case of Hari Parshad Handa V. The State of Punjab (supra), the Court had held that if there is no allegation of fraud or misrepresentation, the prayer for correction in date of birth should not be declined. In the present case, no fraud or misrepresentation has been projected by the defendant nor anything has been proved against the plaintiff rather the court has held that the date of birth has been wrongly recorded but because of the hindrance of Rule 69.2 of the Examination Bye-law, the suit has been dismissed. In my view, in such like cases as the one in hand, the respondent authority should not be insensitive to such situations, where persons like plaintiff who has lost his father in 1983 and the mother has remained unmarried, thereafter, should be declared to have been born in 1985 due to mistake apparent on the face of record. Since, the defendants have not brought on record anything to impute motive to the plaintiff for correction in the date of birth other than the aforesaid and has also not proved any fraud or misrepresentation, the law cited by the counsel for the appellant in the case of Karam Singh Vs. State of Punjab (supra) is fully applicable to the effect that even if remedy as per law or rules has become barred by limitation, the legal remedy available to the plaintiff under the Civil Law before the Civil Court should have been granted by the Courts below. The judgements relied upon by the Courts below in the case of State of Haryana and others Vs. Sumitra Devi and others, 2004(1) SCT 309: 2004(1) RSJ 552 and Board of Secondary Education of Assam V. Md.Sarfraz Zaman and others, 2004(1) SCT 484: 2004(2) RSJ 274 are on there on facts and such is not the question here because in this case both the courts have found as a matter of fact that the entry of date of birth is wrongly recorded and if the same is allowed to be maintained there, it is socially stigmatic."
Similar law was laid down by this court in Karam Singh Vs. State of Punjab and another, 2006(2)