NITYANAND MISHRA Vs. VINOBA BHAVE UNIVERSITY

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the letter dtd. 15/2/2018, issued by the respondent No. 3, whereby the petitioner has been directed to submit the certificate issued by the respondent No. 4 showing the date of birth of the petitioner within a period of 7 days, failing which the date of retirement of the petitioner shall deemed to be 31/1/2018.

(3.) The factual exposition as has been delineated in the writ petition is that petitioner was appointed as a Lecturer in Chemistry in Markham College of Commerce, Hazaribagh on 5/12/1980. Upon his joining, his service book was opened by the College in which his date of birth was recorded as 3/4/1953 and accordingly, the petitioner is supposed to retire on 30/4/2018, after attaining the age of 65 years. It is the case of the petitioner that earlier the respondent-college has sent a letter to the Registrar, Vinoba Bhave University vide letter dtd. 10/11/2017, whereby it was clearly intimated that the date of birth of the petitioner is 3/4/1953 and he is to retire on 30/4/2018. It is the further case of the petitioner that one Ramji Singh, the H.O.D. of Mathematics, Markham College, Hazaribagh obtained an information under Right to Information Act from the Bihar School Examination Board, Patna (for short "BSEB, Patna") regarding the date of birth of the petitioner in response to which the BSEB, Patna vide letter dtd. 1/6/2015, informed that against Roll Code No. 1401 and Roll No. 237 for the year 1972 Supplementary Higher Secondary School Examination, the date of birth of the petitioner is recorded as 31/1/1953. Thereafter, the said Ramji Singh after a gap of three years, wrote a letter to the Registrar, Vinoba Bhave University on 27/1/2018 that the petitioner should retire on 31/1/2018 on the basis of his date of birth i.e. 31/1/1953 and requested the Registrar to take cognizance against the petitioner.