OM PRAKASH SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition was filed by the petitioner, a Judicial Officer in the Rajasthan Judicial Service, to make necessary correction in the date of birth of the petitioner from 10. 4. 1943 to 3. 10. 1944. Alternatively, it is prayed that the second respondent, Rajasthan High Court, be directed to reconsider and review the whole matter and allow the change in the date of birth and thereafter the same may be referred to the State Government with comments/recommendation for taking a final decision in the matter.

(2.) ACCORDING to the petitioner he belongs to a rustic and illiterate family having meagre source of livelihood. His parents are illiterate. They were not conversant with the Rules and regulations. It is his further case that due to financial crisis the petitioner's parents could not get the horoscope cast from an Astrologer at the time of petitioner's birth or thereafter. The correct date of birth i. e. 3. 10. 1944 was recorded in petitioner's primary, middle and secondary level school leaving certificates issued by the competent authorities. However as per service records in the Judiciary the date of birth of the petitioner has been entered as 10. 4. 1943.

(3.) WE have perused the entire pleadings and the annexures filed. In our opinion, it is no more res integra that the date of birth once recorded in the Service-Book cannot be sought to be changed and this position is more than clear from the provisions of Rule 8 (2) (a) and 8 (2) (b) of the Rajasthan Service Rules, 1951. Rule 8 (2) (a) and 8 (2) (b) (i) of the said Rules read as under:- ``8 (2) (a) -In relation to a person already in the service of the Govt. on 1. 1. 79, the date of birth as recorded in the Service Book/service Roll shall be accepted by the State Govt. as date of birth of such person irrespective of the basis or authority on which it was entered. The date of birth so recorded and accepted shall not be changed subsequently on the basis of High Secondary/higher Secondary School Certificate or in the first certificate issued by any Board of Education etc. irrespective of whether it is advantageous to him or not. (b) (i) -In relation to a person appointed on or after 1. 1. 79 the age of a Government servant for the purpose of this Rule shall be determined with reference to the date of birth entered in the High Secondary/higher Secondary School Certificate or in the first certificate issued by any Board of Education where the minimum qualification prescribed for the post under Govt. is Matriculation or Secondary or Higher Secondary or any other diploma or certificate recognised and declared by the Government equivalent thereto and above. ''