RAMBALI MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER has sought the following relief in this petition : (1) The respondents be directed to correct the date of birth of the petitioner as 1.1.1955 in place of 1.1.1952 and the respondents be directed to enter the correct date of birth as 1.1.1955 in their educational record and service record of the petitioner. (2) Any other suitable remedy which this Hon'ble Tribunal deem fit may be issued.

(2.) THE contention of the petitioner is that his correct date of birth is 1.1.1955 while in his service record it has been mentioned as 1.1.1952. The petitioner made a representation in this regard to the respondents which has been rejected mainly on the ground that in the Higher Secondary Examination Certificate the petitioner's date of birth is appearing as 1.1.1952 and this cannot be changed. The respondent No. 3 has filed reply in which it has been stated that the statutory limit for correction of date of birth in mark sheet is two months from the date of its issuance. Thereafter it cannot be changed. The State has not filed any reply controverting the contentions of the petitioner.

(3.) TO appreciate the rival contentions of the parties it is not in dispute that the petitioner immediately on joining regular service protested the date of birth and the respondents have not considered the matter so far. There is overwhelming evidence in the matter showing that the date of birth at one point of time was written 1.1.1955 but subsequently, due to clerical error it was changed as 1.1.1952. The Principal of Government Boys Higher Secondary School No. 2, Satna has explained the aforesaid position by his letter, Annexure A-3 which clerly shows that at the time of issuance of transfer certificate to the petitioner the aforesaid error occurred, while the correct date of birth of the petitioner recorded in the school records is 1.1.1955. In such circumstances, the petitioner is entitled to raise the aforesaid contentions before the respondents which deserve to be considered by the respondents and if necessary, some enquiry may be conducted by the respondents for the correction of date of birth of the petitioner.