JOSEPH AUGUSTINE Vs. STATE

JUDGEMENT

(1.) This is an appeal from the order Varadaraja Iyengar, J. made on 17-2-1958 in O.P. No. 151 of 1956 (E) dismissing it. The fact of the case so far as they are necessary for the purpose of this appeal and the reasons for the dismissal of the petition are set out in that order as follows:-

(2.) We are in entire agreement with the learned Judge that the petitioner cannot have any remedy for his complaint at the hands of this court. At the same time we feel constrained to observe that the Press Note on the basis of which the order impugned here has been made has given rise to considerable hardship to several civil servants in the Travancore - Cochin area and that in shutting out an enquiry when a civil servant complains that his age has been wrongly entered in his school or college admission register, it [the Press Note] is denying to him even elementary justice and fair play. We may conveniently quote here the observations which a Bench of the Travancore - Cochin High Court made in disposing of the earliest case where this Press Note came up for consideration. At page 146 (para 22) of the decision reported in AIR 1953 Travancore - Cochin 140 it has been observed:

(3.) The hardship of the rule has again been referred to in 1959 KLT 956 and that decision gave expression to the view that there was nothing in the rules which prohibits the Government from accepting as proof of age of an officer documents other than school or college records. We repeat here the view that the rigour of the Press Note requires relaxation. It is high time its machiavellian outlook is given the go-by and civil servants are allowed a fair deal in the matter of proving their correct age.