Chandraket Singh vs The State of Bihar and Others

This Letters Patent Appeal arises out of an order of 21 July, 2003 on C.W.J.C. No. 5399 of 2003: Chandraket Singh v. The State of Bihar and Ors.

It is necessary to place on record that the Petitioner had filed an earlier writ petition also C.W.J.G. No. 14401 of 2002 in which pleadings were exchanged. This much came on the record that the Petitioner was a matriculate and he had signed his service book with a declaration in English that the year of his birth was 1945. The matter was examined in the earlier writ petition and for any grievance which the Petitioner may have been left with. On reexamination the year of birth of the Petitioner was retained.

The Petitioner now contends that there are several factors upon which his date of birth needs to be reckoned and also that the year of his birth is later than 1945 as recorded in the service book which he himself had signed with a declaration.

It is not possible in the writ jurisdiction to go into these complicated questions of fact and on issues. All that the Court has to say on the subsequent writ petition is that it may not be possible to give such a certification. If the Petitioner yet would like to chase his date of birth then he may seek his remedy in whichever forum he may be advised. The order of the learned Judge is not incorrect.

Dismissed.