SANTOSH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 31.8.2001 passed in CWJC No. 9036 of 2000 [reported at 2003(4) PLJR 831] by a learned Single Judge of this Court dismissing the writ application filed by the appellant for a direction to the respondents to appoint him on the post of constable in BMP 9.

(2.) ACCORDING to the appellant, his date of birth is 2.1.1980 and he was of 19 years on the cut off date. It appears from the record that the appellant applied for appointment to the post of Constable, he participated in the test held for the said purpose and found successful. It is also admitted position that the person having lessor height and number in the test have been selected ignoring the claim of the appellant. The only ground on which the appellant has not been appointed is that he has not completed the age of 19 years on the cut off date. i.e. on 1.1.1999.

(3.) IN our view, the stand taken by the respondent -State in not appointing the appellant is wholly unjustified. The law on this point is well settled that in calculating a person&aposs age, the day of his birth must be counted as a whole day and any specitied age in law is to be computed as having been attained on the day preceding the anniversary of the birthday. In this case, the appellant will complete 19 years on lst January, 1999 itself and on the day of his birth, i.e. 2nd January, 1999, he would be one day more than 19 years. Reference in this connection may be made to the judgment of the Supreme Court in the case of Prabhu Dayal Sesma V/s. State of Rajasthan and another, reported in AIR 1986 Supreme Court 1948.