UNION OF INDIA Vs. LALIT VARMA

JUDGEMENT

(1.) THIS writ petition has been filed challenging the judgment and order dated 10.02.2005 (Annex.5) passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter called the 'Tribunal') by which a direction has been issued by the learned Tribunal to change the date of birth of the applicant respondent No.1 (hereinafter called the applicant-respondent) from 01.03.1959 to 13.02.1962.

(2.) THE facts and circumstances giving rise to this case are that applicantrespondent filed an Original Application before the Tribunal seeking a direction to the respondent-petitioner to make the aforesaid correction in his date of birth on the ground that he was born in St. Stephen's Hospital, Tis Hazari, New Delhi on 13.02.1962, however, his date of birth had been recorded as 01.03.1959 in matriculation certificate in view of the entries made in the Scholar's register on the basis of information given by his grandfather at the time of his admission in the school. THE Central Board of Secondary Education (hereinafter called the 'CBSE') issued a certificate in 1975 showing the date of birth of the application-respondent as 01.03.1959. He appeared in the Civil Services (Mains) Examination- 1983 wherein he mentioned in his application form that his actual date of birth was 13.02.1962. He was selected and appointed to Indian Administrative Service (hereinafter called the 'IAS') in the year 1984 and allocated the State of Uttar Pradesh. After completion of probation period, he made a representation on 07.08.1987 for correction of his date of birth, followed by a reminder dated 24.12.1987. THE said representation was rejected by the Government of India vide order dated 22.04.1988 and the same was communicated to the applicantrespondent on 07.10.1989. THE applicantrespondent made another representation dated 26.09.1990 seeking correction of his date of birth. As the said representation was not dealt with, he filed the Original Application No.522 of 1991 before the Lucknow Bench of the Tribunal, which was later on transferred to the Allahabad Bench and registered as Original Application No. 54 of 1999. In the meanwhile, the applicant-respondent filed Civil Suit No. 870 of 1993 in the Court of Munsif, Azamgarh for declaration that his correct date of birth was 3.02.1962. THE sole defendant therein CBSE did not enter appearance. THE Civil Court passed an exparte judgment and decree dated 06.01.1994 declaring that his correct date of birth was 13.02.1962 and not 1st March, 1959. THE CBSE was directed to make necessary amendment/correction in the certificate. THE CBSE filed an application under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter called the 'CPC') for setting aside the exparte decree, however, the said application was rejected vide order dated 02.02.1996. Against the said order, a revision was preferred by the CBSE which was also dismissed by the VIIth Additional District Judge, Azamgarh vide order dated 06.12.1996 and, in pursuance thereof, appropriate corrections had been carried out by the CBSE. THErefore, applicant-respondent was entitled for the benefits of the said Civil Court's decree.

(3.) WE have heard Shri K.C. Sinha, learned Assistant Solicitor General of India for the petitioner; Shri R.N. Singh, learned Senior Advocate, with Shri Arjun Singhal, and Shri G.S. Hajela for the respondents.