MOHAMMAD ETEM SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant application under Article 226 of the Constitution of India, the petitioner challenges an order of suspension dated January 24, 1991 which is Annexure 'C' to the petition and also prays for a writ in the nature of mandamus for directing the respondents to correct the date of birth of the petitioner or in other way to restore the original date of birth recorded in the service book of the petitioner.

(2.) The petitioner states that he was born at Hat Lalbagh on July 191 1940. The petitioner further states that he was admitted to Nawab Bahadur's Institution, Murshidabad in Class III and continued his studies upto Class VII and he discontinued his studies with effect from January 17, 1955. The petitioner obtained a certificate from the Headmaster of the said Nawab Bahadur's Institution dated August 22, 1968, a xerox copy of which has been annexed to the petition marked with the letter 'A'. It appears from the said School Leaving Certificate that the date of birth of the petitioner as recorded in the Register of the school is July 19, 1940. It is needless to say that the Nawab Bahadur Institution, Murshidabad is a Government school and the certificate issued by a Government Institution is entitled to command respect.

(3.) The petitioner was appointed as a Darwan in the Imambara department under the official trustee of West Bengal, Trust Murshidabad Estate since 19631. The petitioner thereafter, was reappointed with effect from July 1, 1965 under section 4(g) of the Murshidabad (Trust) Act, 1963 and his post was ultimately converted into a permanent post with effect from June 1, 1979.