M ARUMUGAM Vs. REGISTRAR TAMILNADU AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) NOT only HOROSCOPE is cast on the basis of date of birth, entry of a person into service and exit from the service is also determined based on that. Therefore, the date of birth is a vital information. Here is a case where, the petitioner declared his date of birth as 13.4.1952 which is also reflected in school records as well as other academic records and joined the service on the basis of those documents and suddenly woke up and tried to correct his date of birth as 12.4.1953. This case is only a tip of iceberg where some of the government servants are trying to stick to their seats by altering the date of birth in one way or other thereby preventing the juniors getting promoted and the new generation getting employment. The administration should not be stagnated with the old employees by altering their date of births.

(2.) THE petitioner is a Postgraduate Degree holder in "Agronomy" from the Tamilnadu Agricultural University, Coimbatore and doctorate in the same subject. His date of birth, according to SSLC book, is 13.4.1952. He was appointed on 15.10.1984 as Assistant Professor (Agronomy) at Kumaraperumal Farum Science Centre, Tiruchirapalli. Subsequently, the petitioner made an application to the authorities on 29.9.1989 enclosing a copy of the birth certificate issued by the Sub Registrar Office, Kalakad showing that his date of birth as 12.4.1953 so as to alter his date of birth accordingly. THE said application was returned for certain clarifications and the same was represented on 20.11.1991. Again it was returned on 20.2.1992. THEreafter, the petitioner sent a remainder with certain documents on 23.8.2006. Further representations were given on 30.12.2009 and on 31.5.2010. THE representation dated 31.5.2010 was rejected by the impugned order stating that there is no provision for change of date of birth at the belated stage. THE said order is being challenged before this Court.

(3.) HEARD the parties and perused the records carefully. The petitioner seeks for alteration of his date of birth after 37 years of his birth. He was not a minor at the time of joining the service. He attained majority as early as in 1970 as per the date of birth recorded in the academic records and service register. If there was any mistake in the date of birth recorded in the school certificate and other certificates, he should have made attempt to change or alter the date of birth at the earliest point of time. Even as per limitation Act, if a minor wants to challenge any alienation made by the guardian or parents or natural guardian, the minor has to challenge the same within three years from the date of his attaining majority. Having completed 18 years and attained majority in 1970, the petitioner was sleeping over the matter. After 19 years, suddenly he woke up with a plea that his date of birth has been wrongly mentioned in the service register and therefore sought for change date of birth as 12.4.1953 instead of 13.4.1952. The claim has to be rejected on the ground of delay and laches.