KISHORI LAL Vs. STATE OF H P

JUDGEMENT

(1.) BY means of this petition, the petitioner has prayed that a writ be issued directing the respondents to correct his date of birth in the service record as 20.5.1958 instead of 20.5.1956.

(2.) THE case of the petitioner is that in his Higher Secondary Part-I certificate the date of birth was wrongly mentioned as 20.5.1956, whereas his date of birth is actually 20.5.1958. In this behalf, the petitioner has placed on record his school admission form for entrance in the school, which is dated 28th April, 1964 and in this school admission form his date of birth is entered as 20.5.1958. THE petitioner changed school after passing class five and therefore, was granted a school leaving certificate and in this certificate also the date of birth of the petitioner is mentioned as 20.5.1958. In the school record the date of birth of the petitioner was always shown as 20.5.1958, as is apparent even from annexures P-3 and P-4.

(3.) THEREFORE, it is apparent that in the year 1994 itself when the petitioner was regularized he raised a dispute with regard to his date of birth. He also made a representation in this behalf on 16.2.1996. This representation was rejected with the observation that since in his Higher Secondary Part-I certificate the date of birth was mentioned as 20.5.1956 the service record could not be changed. He was directed to get his date of birth first corrected from the Board of School Education and thereafter the department could take any action.