SECRETARY VIDDHOTEJAK MANDAL Vs. DIST EDUCATION OFFICER

JUDGEMENT

(1.) By allowing the petition filed by the respondent no. 2, the Gujarat Secondary Education Tribunal at Ahmedabad has ordered to change the date of birth of the respondent no. 2 from 31.7.34 to 14.1.36. The petitioners have filed this petition under Article 226/227 of the Constitution of India stating that the respondent no. 2 has no right to make an application before the authority for correction of the date of birth at the fag end of his career.

(2.) Ms.Mita Panchal learned advocate for Mr.Nanavati & Nanavati advocates for the petitioner has challenged the order of the Tribunal on the ground that the last minute approach to the Court for change of date of birth should not be encouraged or else many petitions will be filed by various petitioners who at the time of joining service will give a different date of birth and at later stage to remain more in service might produce further documents to change the date of birth, thereby prejudice the chances of new incumbent in job. Therefore, also this petition requires to be allowed by setting aside the order of the Tribunal.

(3.) Learned A.G.P. for the State has assailed the conduct of the Tribunal stating that though opportunity was given to the respondent no. 2 herein to change the date of birth earlier, till his retirement he did not do so and during the last days of his service, he produced certain letters on which the Tribunal relied on and granted the prayer as sought for. In support of his submissions, he relied on the following authorities :