MD. NAQUI AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ Petitioner who is the Appellant herein has impugned the judgment and order dated November 17, 1992, passed by the learned trial Judge, the operative part of which runs as follows:

(2.) On the factual aspect it appears that the Petitioner was sponsored by his father who having put in more than 15 years of service, was entitled to do so, for the post of conductor with the then Calcutta Tramways Company Ltd. in the year 1956. At the time of recruitment, standard for appointment as conductor, amongst others, was 21 to 30 years of age as per the staff regulation, as was printed in the staff employment forms issued to Petitioner's father by the company. The were duly filled in by the father giving particulars of the Petitioner as Matric standard, of native village Ugawah, P.S. Asthanan, Patna, Bihar, but the column as to age was, significantly, left blank. There was a medical examination of the Petitioner on November 29, 1956, and it appears from the report thereof that Petitioner's age as per his own statement was 23 years, but the Chief Medical Officer of the company found him to be 25 years of age. The Petitioner joined his appointment on January 29, 1957. In the records of the company his age was noted as 25 years as on January 29, 1957, that is to say, his recorded date of birth is January 29, 1932.

(3.) It is the Petitioner's specific case that he appeared at the School Final Examination as a regular candidate being a student of M. L. Jubilee Institution, 29 Surya Sen Street, Calcutta, held in March 1955. He states that he could not pass the said examination and had to appear as a private candidate in the School Final Examination held under the Board of Secondary Education, West Bengal, in March 1962, and passed the examination in the 3rd Division. He further states that, according to his Admit Card of the School Final Examination, 1955, as also the certificate of passing the said examination of 1962 his date of birth is December 14, 1939.