KANCHA BEERAIAH Vs. AREA AGE DETERMINATION COMMITTEE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) THIS writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, declaring the action of the 1st respondent in not referring the petitioner to the 2nd respondent Apex Medical Board for determination of his date of birth as per Rule -3 Circular No.P.49/2702/IR/1270, dated 01.08.1988 and as per Rule -3 Circular No.CRP/PER/IR/A/51/4744, dated 23.12.2003 as arbitrary, illegal and unconstitutional.

(3.) IT is further submitted by the petitioner that his age was recorded in the service records 3 years more than his actual age. He made an application on 06.04.2012 to the 1st respondent to refer him to the Apex Medical Board to determine his correct age and amend the records correctly. The 1st respondent refused to refer him to the 2nd respondent Board on the ground that there was no variation in Identity/Service Records, Form -B register and CMPF and other records, and in all records his age was mentioned as 25 years as on 08.07.1979 and there was no glaring discrepancy between the date of birth recorded in the company records and apparent age of the petitioner. It is submitted by the petitioner that the date of birth was not recorded in any records of the company except mentioning that his age was 25 years as on 08.07.1979 which is not sufficient to treat him as 25 years old and hence the petitioner contended that disallowing him to refer to the 2nd respondent Board is illegal and arbitrary.