STATE OF PUNJAB Vs. SAT PARKASH

JUDGEMENT

(1.) The respondent, Sat Parkash, filed a suit for declaration to the effect that his date of birth has been wrongly recorded in the Matriculation Certificate as 18.08.1936 instead of the correct date of birth which was 18.08.1938. The suit filed by the respondent has been dismissed by the learned trial Court on the ground that the clerical error in the matriculation certificate could have been corrected within a period of two years of the respondent joining government service. It may be noticed that the learned trial Court did not advert to any of the oral or documentary evidence produced by the respondent in support of his claim in the suit. It has been held by the learned trial Court that the law comes to the assistance of the vigilant and not the sleepy. The learned Lower Appellate Court has reversed the judgment of the learned trial Court and decreed the suit of the respondent to the effect that date of birth of the respondent is 18.08.1938 instead of 18.08.1936 with consequential benefits. The State of Punjab has filed the present regular second appeal challenging the judgment and decree of the learned Lower Appellate Court.

(2.) The undisputed farts culled out from the judgments of the Courts below and supplemented by the learned counsel for the parties may briefly be noticed.

(3.) The respondent was born on 18.08.1938 at Chuck No,38, Tehsil Jaranwala, District Lyallpur now in West Pakistan. On partition in 1947, his family migrated to India and settled in village Khanpur, Tehsil Kharar now district Ropar. He completed his primary school education from the District Board Primary School, Rurki Pukhta. In the record of this school, the date of birth of the respondent is correctly recorded. The respondent left the aforesaid school. The School Leaving Certificate reflects the date of birth of the respondent as 18.08.1938. Thereafter, the respondent was admitted to Christian High School, Kharar. His date of birth in this school has also been recorded as 18.08.1938. On promotion from Class -VII to Class -VIII on 1.4.1951, again the date of birth of the respondent is recorded as 18.08.1938. Thereafter the respondent was admitted to Class -IX on 1.4.1953. Again the date of birth is correctly recorded. The application of the respondent for appearing in Matriculation examination was sent by the school authorities mentioning the correct date of birth. However, due to clerical error the University authorities wrongly recorded the date of birth of the respondent as 18.08.1936. On the basis of the matriculation certificate, the respondent joined as Punjabi Teacher at Government High School, Nurpur, Tehsil and District Ambala, on 28.06.1962. On re -organisation of the Punjab State, he opted to serve in the Punjab State and remained posted at various places in the State of Punjab. At the time of filing of the suit on 05.05.1994 he was only three months short of retirement. It was claimed by the respondent that he came to know about the wrong entry in the Matriculation Certificate on 03.05.1992 on the occasion of Ramayanpath which was being held in his house in the presence of a number of relatives. His elder cousin brother told him that his actual date of birth was 18.08.1938 instead of 18.08.1936. After collecting the record from the primary school, he made a representation through proper channel on 03.05.1992 to the Principal of the School and the District Education Officer, Ropar, No. decision was taken by the authorities on this representation.