JHALARAM KANNAOJE Vs. STATE OF C G

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE case of the Petitioner is that the Petitioner was working as a Upper Division Teacher in the Government High School Gidhpuri, Tehsil Palari, District Raipur. THE date of birth recorded in his service record was wrongly entered as 01.11.1942, whereas the correct date of birth of the Petitioner is 01.11.1945. According to learned Counsel for the Petitioner an application for correction of the date of birth was made on 05.03.2001 (Annexure P-1), on the ground, that the village birth register shows the date of birth of the Petitioner on 01.11.1945 (Annexure P-2). THE Primary School Certificate and transfer certificate issued by the Principal, Government Primary School, Gidhpuri (Annexure P-3) and (Annexure P-4), also show the date of birth of the Petitioner as on 01.11.1945. THE certificate issued by Kotwar on 15.12.1987 (Annexure P-6), also indicates the date of birth of the Petitioner as 01.11.1945. THE certificate issued by the Administrator, Village Panchayat, Gidhpuri approves the date of birth of the Petitioner as 01.11.1945 (Annexure P-7). Learned Counsel fairly submits that the dhakhil kharij register of the middle school, Gidhpuri (Annexure P-9) and school leaving certificate issued by the middle school, Gidhpuri (Annexure P-10), clearly indicate the date of birth of the Petitioner as on 01.11.1942. THE Higher Secondary School Certificate issued by the Board of Secondary Education, Bhopal indicates the date of birth of the Petitioner as 01.11.1942.

(3.) BEING aggrieved and dissatisfied, the Petitioner filed a petition, being W.P. No. 2051/2004 for correction of date of birth. This Court, vide order dated 16.08.2004 (Annexure P-18), granted liberty to the Petitioner to make detailed representation to the concerned authorities and in turn, the concerned authorities were directed to decide the same with reasons, on merit in accordance with law. Pursuant to the representation dated 24.08.2004 (Annexure P-19), the District Education Officer vide order dated 23.09.2004 (Annexure P-20), after having recorded that the date of birth recorded in the service record on the basis of matric certificate is just and proper and the Rules, 84 and 85 under Financial Code Part I, do not provide for change of date of birth under such facts situation.