WASI ULLAH SIDDIQUI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE petitioner claims that his real date of birth is 11th March, 1935 whereas in the school register of Modern High School, Allahabad where he was admitted initially it was written as 20th September, 1932. THE petitioner is said to have been admitted in the said institution on 22-10-1945 and at that point of time the petitioner's age is said to be ten years seven months and thirteen days. THE petitioner is said to have passed High School Examination in the year 1949. On the basis of date of birth recorded in the school register, the petitioner's date of birth entered in the High School Certificate is 20-9-1932. Some other person had got recorded the petitioner's age as 1932 out of his own imagination. THE petitioner's age was not verified from his father. THE petitioner is said to have been informed by some relation that his actual date of birth was 11th March, 1935 which could be verified from the Birth Register maintained at the Collectorate at Allahabad. On inspector of the said register the petitioner came to know about his real date of birth and be collected the documents purporting to show his date of birth as 11th March, 1935. THE documents relied upon by the petitioner are as under : (a) Copy of the birth register for the year 1934-35 relating to village Nagiamai, Tahsil Sirathu, Police Station Saini, district Allahabad; (b) Copy of the extract of Khatauni of the said village; (c) Copy of the certificate issued by the Block Pramukh of the said area; (d) Copy of the affidavit of Ahmad Hasan, who is said to have informed the petitioner about his actual date of birth being 11th March, 1935; (e) Copy of the affidavit of Mohammad Masood, who got the petitioner admitted in the school. (f) Copy of the High School Certificate of his younger brother; (g) Copy of the High School Certificate of his youngest brother; and (h) Copy of the High School Certificate of the petitioner.

(2.) ON the basis of date of birth shown in the High School certificate the petitioner was to retire in September, 1990 but on the basis of the date of birth, which the petitioner claims to be his real date of birth, he is to retire in March 1993.

(3.) THE petitioner assails the findings of the Board and prays for quashing the said findings. THE petitioner also prays that the findings of the High Court conveyed to him by the Deputy Registrar on administrative side be also quashed and a mandamus be issued to them to correct his date of birth. He also prays for quashing of the Government Orders whereby no enquiry with regard to the date of birth, which is entered in the High School Certificate, is permissible as being violative of Article 14 of the Constitution or in the alternative declaring that these orders do not provide the conclusive rule of evidence for determination of age for the purpose of. retirement. He wants a writ of prohibition, prohibiting the respondents to retire the petitioner from service on the basis of his date of birth as entered in the High School Certificate.