STATE Vs. GURUBASAPPA BASAPPA SAJ JAN

JUDGEMENT

(1.) This is the defendant's Second Appeal against the judgment and decreedated 3-9-1984 delivered by the Civil Judge, Bagalkot, Bijapur District, in Regular Appeal No. 27 of 1984 (The Deputy Commissioner, Bijapur, representing the Government of Karnataka v Gurubasappa Basappa Sajjan) dismissing the appeal and confirming the judgment and decree dated 2-3-1984 delivered by the Munsiff, Badami, in O.S. No. 7 of 1983 (Gurubasappa S/o Basappa Sajjan v The Deputy Commissioner, Bijapur, representing the Government of Karnataka) decreeing the plaintiffs suit for declaration of his date of birth to be 5-3-1950 and not 28-6-1948 as shown in the school certificate.

(2.) The plaintiff/respondent alleges that in the school certificate his date of birth was shown as 28-6-1948 and that the said date of birth is said to have been entered on the approximation given by his parents at the time of his admission to the primary school and that his real and exact date of birth is 5-3-1950. It had been stated in the plaint that as the difference of age in the educational certificates and the birth extract came to his notice and a legal notice was issued to the Government under Section 80 of the Code of Civil Procedure for correction and rectification in the certificates. The plaintiff alleges that as there was no action taken on the notice, he filed the suit. Further, he alleges that the cause of action arose on 1-1-1983. The plaintiff claimed in the suit the relief of declaration of his date of birth to be 5-3-1950 as his correct date of birth. He also claimed the consequential relief that the same may be entered by correction in all educational certificates by the authorities concerned. So, he prayed for the grant of decree declaring his correct date of birth as 5-3-1950 and consequential relief of entering his correct date of birth in all educational certificates and records.

(3.) No doubt, the plaintiff has stated that the wrong date of birth shown in the educational certificates affects him adversely into Government service and deprives him of the benefits under the Government service.