JAGDISHCHANDRA KESHAVLAL THAKKER Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) The petitioner under Article 226 of the Constitution of India has approached this Court for seeking direction to the respondents for rectifying the date of his birth which was recorded to be 5/12/1939 to 18/2/1942, on the ground that the petitioner has enough material to indicate that his date of birth had not been correctly recorded right from the day of his school till he entered the service of the respondent State. Learned counsel for the petitioner submits that the respondents have declined his request as he had not made request of rectification in time. Learned counsel submits that, in view of the decision of this Court in Special Civil Application No. 3931 of 1994 decided on 15/4/1999 where in similar facts & circumstances the action of retiring the petitioner was quashed and the benefits were ordered to be given to the petitioner therein. Learned counsel submits that in the present case also the facts are similar. His elder brothers birth and death are recorded in the Municipal records which would clearly indicate that the date of birth could not have been 5/12/1939. Learned counsel submits that the respondents be directed to take into consideration the representation that may be filed afresh by the petitioner along with the decision of this Court in Special Civil Application No. 3931 of 1994 and if the same is made, same will be decided in accordance with law.

(2.) Learned AGP for the State submits that there can not be any objection for any such request. However let there be a liberty to the State to decide the representation if so made strictly in accordance with law in light of the prevalent resolutions of the Government.

(3.) In view of this, ordinarily no such petition could have been entertained in view of the settled principle of law, however keeping the Coordinate Bench decision of this Court in Special Civil Application No. 3931 of 1994 and looking to the similar facts in the present petition this Court is inclined to issue following directions:-