UNIVERSITY OF MYSORE Vs. SHANKARA GANAPATHY PATHAK

JUDGEMENT

(1.) THE University of Mysore is the appellant challenges the decree of alteration of date of birth granted by the courts below from 2'. 10. 1938 to 6. 3. 1940.

(2.) THE suit in O. S. No. 1773/1992 on the file of the Second Additional First Munsiff is for a declaration that the date of birth of the plaintiff is 6. 3. 1940 and not 2. 10. 1938 and for a mandatory injunction by way of direction to direct the first defendant-University the date of birth of the first plaintiff as 6. 3. 1940. The suit was decreed by the courts below, challenging the say of the second appeal now preferred. Prima facie, I am of the opinion that the suit itself is not maintainable as the prayer should have been to direct the 3rd and 4th defendant to correct the date of birth in the S. S. L. C. book which the primary record. The University first defendant is bound by such record and it cannot incidently rely upon any other record except the record granted under the educational rules.

(3.) NOTWITHSTANDING the above, it is seen that the plaintiff joined the services of the university on 25. 11. 1968 as Research Assistant, class-I at the Oriental Research Institute of University of Mysore by giving the date of birth as 2. 10. 1938. It is his claim that on 24. 7. 1991, the Tahsildar had given him a certificate of date of birth and immediately he came forward with the present suit on 18. 12. 1992.