DURGA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has prayed for a direction to rectify the date of birth of the petitioner mentioned in the service record. The action of respondents in treating the date of birth of the petitioner as 15.03.1956 is sought to be quashed with a direction to treat the date of birth i.e. 18.06.1963. The rejection of the representation through order dated 23.09.2016 is also called in question.

(2.) Ms. Neelam Goel, learned counsel for the petitioner submits that the Primary Examination Certificate of 1996 (Annexure-P/3), caste certificate dated 11.08.2016 (Annexure-P/4) and Aadhaar Card (Annexure-P/5) clearly shows that the date of birth of the petitioner is 18.06.1963 and because of clerical error, it is written as 15.03.1956 in the service record. Such clerical error can be corrected despite existence of Rule 84 of the M.P. Financial Code.

(3.) Prayer is opposed by Shri Dhagat, learned Government Advocate by contending that such belated claim of change of date of birth cannot be accepted. There is no alteration in the relevant entry relating to date of birth in the service record. The said entry cannot be treated as "clerical error". He relied on (Lajjaram Dhoubi Vs. State of M. P. and others, 2017 4 MPLJ 176).