PRABODH RAUT Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER has challenged the action of the respondents Electricity Board to subject him to a Medical Board and refixing his date of birth as such. The impugned annexures are annexures 5 and 6. The submission of the petitioner is that he was appointed under Tirhut Area Electricity Board as a unskilled Khalashi. His appointment was made in the year, 1980. At the time of appointment he furnished a School Leaving Certificate which is contained in annexure -1. The School Leaving Certificate gives his date of birth as 10.2.1960. Based on this certificate the service book of petitioner was opened and in the service book itself the date of birth has been recorded as 10th February, 1960. Petitioner has also brought on record the medical certificate which was issued to him at the time of recruitment i.e. dated 24.1.1980. The medical certificate issued by the Board has been recorded on the statement of petitioner to be 20 years but doctor opined it by his appearance to be 21 years. In other words, petitioner was not far from the date of birth as he has produced in annexure -1.

(3.) IF that be the position then the respondent authority only created a ghost and tried to kill it later. Nobody has raised any dispute with regard to petitioner because even in the counter affidavit filed on behalf of the respondents they did not explain the circumstances as such why the petitioner should have been subjected to a Medical Board. If the respondents had accepted the School Leaving Certificate which is valid piece of evidence in terms of the amended circular and based on this accepted piece of evidence if his service book also recorded his date of birth as 10.2.60, petitioner 'scase cannot be said to be one of those cases where serious doubt or dispute with regard to the date of birth arose.