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Santosh Kumar Singh vs The State of Bihar and Others

Patna High Court · Decided on 17 January 2002 · Citation: (2002) 01 PAT CK 0019

RESULT
Allowed
CASE NUMBER
LPA No. 1178 of 2001
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Judgment

5 paragraphs · 386 words
1.

This appeal is directed against the order dated 31.8.2001 passed in C.W.J.C. No. 9036 of 2000 reported at Santosh Kumar Singh Vs. State of Bihar and Others, 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.

According to the stand of the State, the Appellant has completed 18 years, 11 months and 29 days. In other words, he was one day short in completing age of 19 years.

4.

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''s age, the day of his birth must be counted as a whole day and any specified 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 1st 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 Vs. State of Rajasthan and another,

5.

In the result, this appeal is allowed and the order passed by the learned Single Judge dated 31.8.2001 passed in C.W.J.C. No. 9036 of 2000 is set aside and the Respondents are directed to issue appointment letter to the Appellant within a period of six weeks from the date of receipt/production of a copy of this order.