PROBITSON K.SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By way of the present writ petition filed under Article 226 of the Constitution of India, the petitioner is challenging the action of the respondent-Managing Committee of Boldamgre Govt. Aided High School, Ampati whereby the petitioner had been retired on 31-08-2016.

(2.) The petitioner claims that his actual date of birth is 27-01-1964 whereas the respondents by taking the date of birth as 31-08-1956 had prematurely superannuated him on 31-08-2016.

(3.) The question with regard to the actual date of birth of the petitioner, whether it is 27-01-1964 or 31-08-1956, is a disputed question of fact which can be decided only by adducing evidence by the petitioner. The disputed question of fact raised in the writ petition would not fall in the realm for adjudication under Article 226 of the Constitution of India. It would not be an appropriate remedy.