MEGH RAJ SINGH Vs. CHAIRMAN BIHAR STATE

JUDGEMENT

(1.) In this writ petition, the petitioner is aggrieved by the order dated 17.2.1999, contained in Annexure-5, whereby and whereunder 21.11.1998 has been determined as his date of birth on the basis of the average of his age determined by the Medical Board between 58-60 years, vide report contained in Annexure-6, which has been filed along with the second supplementary counter-affidavit.

(2.) In short, the relevant facts are that there was some dispute with respect to the age of the petitioner and several others. The General Man-ager-cum-Chief Engineer, Muzaffarpur Thermal Power Station, Muzaffarpur (respondent No. 3), vide letter No. 2444 dated 3.9.1998, contained in Annexure-4, directed the petitioner to appear before the Medical Board on 9.10.1998. The petitioner appeared before the Medical Board and the Medical Board, vide its report dated 21.11.1998, contained in Annexure-E to the second supplementary counter-affidavit filed on behalf of the respondents, determined his age between 58-60 on the said date and on the basis of its average '59 years'.

(3.) It has been submitted by the learned Counselfor the petitioner that the change in the date of birth was wholly arbitrary and violative of the basic Rules of natural justice. According to the learned Counselfor the petitioner, the date of birth was entered in the service book as per the School Leaving Certificate, contained in Annexure-1. As such, it is submitted that the respondent-authority in the Board was not legally justified to constitute the Medical Board and get him examined for determining the fresh date of birth of the petitioner.