DAVID S. Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) This petition under Art.226 of the Constitution, has been referred to a Division Bench by Rama Jois, J. The petitioner is an official of the Government of Karnataka. In his service register his date of birth has been entered as 13-6-1923 on the basis of the certificate of the SSLC examination, which he had produced when he entered service. He made a representation to the authorities that his correct date of birth was 13-6-1925, that the date of birth as found in the certificate of the SSLC examination, was not correct and that therefore his date of birth, as entered in his service register, should be corrected.

(2.) Under the provision of the Karnataka State Servant (Determination of Age) Act, 1974, the Govt appointed the Solicitor and ex-officio Deputy Secretary to the Govt in the Department of Law as the enquiry officer to enquire into his claim. The enquiry officer considered the oral and documentary evidence produced by him and held that he had not proved that his correct date of birth was 13-6-25. The enquiry officer recommended to the Govt to reject his claim. The Govt accepted the report of the enquiry officer and rejected the petitioner's prayer to alter his date of birth as entered in his service register from 13-6-23 to 13-6-25.

(3.) In this petition, the petitioner has prayed for issue of a writ in the nature of certiorari quashing the order of the Govt which rejected his prayer for correcting his date of birth. He has also prayed for issue of a writ directing the State Govt to correct his date of birth in his service register as claimed by him.