GAYATRI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of certiorary for quashing the communication dated 9-8-2001 (Annexure-15), whereby the State Government has informed the Superintendent of Nalanda Medial College Hospital that the date of birth of the petitioner be treated as 1-1-1945, which has been recorded in her Service Book. Further prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondents to enter her date of birth 1-1-1953 in place of 1-1-1945 in her Service Book.

(2.) According to the petitioner, she was appointed as the Auxilary Nurse Midwife in Nalanda Medical College Hospital (hereinafter referred to as 'Hospital') on 1-2-1978. In her Service Book prepared on 12-5-1981, her date of birth has been mentioned as 1-1-1945 and according to the petitioner, when she came to know about it in the year 1982, she filed application for its correction. The Superintendent of the Hospital by its letter dated 1-6-1983 (Annexure-2), made inquiry from the Registrar of the Bihar Nurses Registration Council as regards the qualification and date of birth of the petitioner. In the said letter, it was observed that in the registration certificate, the date of birth of the petitioner has not been mentioned. The Superintendent of the Hospital also wrote letter dated 1-6-1983 (Annexure-3) to the Registrar of Hindi Vidyapith, Deoghar from where the petitioner claimed to have passed Praveshika examination in the year 1969, to furnish the date of birth of the petitioner. The superintendent of Hospital, by its Memo No. 1478 dated 8-7-1983 (Annexure-6), also directed her to get her age verified from the Civil Surgeon-cum-Chief Medical Officer and to obtain his report in that regard. The Superintendent of the Hospital besides the aforesaid communications, also inquired form the Nursing Superintendent of the Kurji Holy Family Hospital, Patna as regards the date of birth of the petitioner. The Bihar Nurses Registration Council, by its communication dated 2-6-1983 (Annexure-4) informed to the Superintendent of the Hospital that according to their record, her age on 27-3-1974 was about 20 years. The Registrar of Hindi Vidyapith, Deoghar, the Nursing Superintendent of A.N.M. School, Kurji Holy Family Hospital, Patna by letters dated 20-6-1983 (Annexure-5) and 15-7-1983 (Annexure-8) respectively, informed to the Superintendent of the Hospital that according to their records, the date of birth of the petitioner is 1-1-1953. The Civil Surgeon-cum-Chief Medical Officer, Patna, by its letter dated 22-7-1983 (Annexure-9) addressed to the Superintendent of the Hospital informed the latter that on the examination of the petitioner, she was found to be aged about 31 years of age on 22-7-1983. It is the grievance of the petitioner that notwithstanding overwhelming materials establishing that her date of birth is 1-1-1953, no correction was made and the Superintendent of the Hospital by its letter dated 25-9-2000 (Annexure-10), again inquired from the Registrar of Hindi Vidyapith, Deoghar about the date of birth of the petitioner, The Registrar of Hindi Vidyapith again wrote to the Superintendent of the Hospital and certified that the date of birth of the petitioner is 1-1-1953. Thereafter, the Superintendent of the Hospital by its letter dated 18-6-2001 (Annexure-12), sought guidance from the Director-in-chief, Health Service on the issue. The aforesaid communication of the Superintendent of the Hospital was processed in the office of the Director-in-Chief and by letter dated 7-7-2001 (Annexure-13), the Superintendent of the hospital was directed to be present in the office along with the connected files and records on 10-7-2001. The Superintendent of the Hospital, as directed, produced the files and records and lateron, by letter dated 14-7-2001 (Annexure-14), sent the photostat copies of the letters. Ultimately, by the impugned order dated 9-8-2001 (Annexure-15), the Superintendent of the Hospital has been informed that the date of birth of the petitioner be treated as 1-1-1945, which has been recorded in her Service Book.

(3.) Counter affidavit has been filed on behalf of the respondents in which, the assertions of the petitioner that her date of birth was inquired from the Bihar Nurses Registration Council, Hindi Vidyapith, Deoghar, the Nursing Superintendent of Holy Family Hospital, Kurji and the assessment of the Civil Surgeon-cum-Chief Medical Officer certifying her date of birth as 1-1-1953 or the age in conformity with her claim, have not been denied. However, it has been stated that the Service Book of the petitioner records her educational qualification to be Praveshika pass and date of birth 1-1-1945 and the said Service Book not only contains the signature of the petitioner but also her finger impressions. It has also been averred that the State . Government by its letter dated 6-10-2001 (Annexure-C), wrote to the Superintendent of the Hospital to constitute a Medical Board for assessing the age of the petitioner and although such a Medical Board was constituted but the petitioner did not appear before the same.