R K YADAV Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) This writ petition is filed in this Court by the petitioner who is an officer of the Delhi Higher Judicial Service. In the Delhi Judicial Service Examination, held in the year 1979, the petitioner submitted his application form. The said application form was required to be filled up by the petitioner giving various informations relating to himself and his educational qualifications. He was also required to produce certificates of the relevant qualifying examinations. The aforesaid application for appearing in the Delhi Judicial Examination-1979 was filed by the petitioner in his own handwriting and in the said application, the petitioner declared his date of birth as 8th June, 1949. The Secondary School Certificate issued by the Secondary Education Board, Rajasthan, which was annexed with the said application form, also recorded his date of birth as 8th June, 1949. Petitioner appeared in the said Delhi Judicial Service Examination and duly qualified in the same. Consequent thereupon, the petitioner joined the Delhi Judicial Service in December, 1979 and at the time of his entry into the Judicial Service, his date of birth was recorded as 8th June, 1949 on the basis of his own declaration.

(2.) Thereafter, after expiry of about more than 20 years, the petitioner addressed a representation, dated 10th August, 2000, to the Registrar, Delhi High Court, praying for correction of his date of birth in his service records. He has stated in his said representation that when he applied for entry into the Delhi Judicial Service, he had mentioned the date of birth in the application form as per the entry in the Secondary School Certificate. Thereafter in paragraphs 5,6 and 7 he has stated thus:

(3.) Aggrieved by the said rejection, the petitioner filed the present writ petition in this Court in the month of July, 2005 praying for issuance of a writ of mandamus directing respondent No.1 to carry out corrections relating to his date of birth and entering 19th November, 1950 instead of 8th June, 1949, in his service record. Notice on the writ petition was issued to the respondents. Counter affidavit was filed on behalf respondent No.1, namely, the Delhi High Court in which several statements have been made in respect of the rejection of the claim of the petitioner for correction of his date of birth. It is stated that the case of the petitioner is based on alleged information given by one Shri Daulat Ram. It is also stated therein that neither any affidavit of Daulat Ram is placed on record nor it is stated as to how Daulat Ram could accurately remember the date of birth of the petitioner after a lapse of so many years. The respondent also made reference to the provisions of the All India Services (Death-cum-Retirement Benefits) Rules 1971 and 1978 and the General Financial Rules, 1979 which deal with the issue of determination of the date of birth and acceptance of date of birth. The following are the relevant rules which are extracted in the aforesaid counter affidavit.