Surendra Singh Rajput vs State of M.P. and Others

Rajendra Menon, J.—Seeking correction of his date of birth and challenging the order passed by the respondents rejecting his claim for correction of date of birth, petitioner has filed this writ petition. Petitioner entered the service in the respondents'' department as a constable on 12.6.1974. According to the petitioner at the time of entry in service, his service book was prepared. It is stated that petitioner at the relevant time produced a school leaving certificate - Annexure A/2, showing his date of birth as 27.10.1955. Petitioner has also produced a driving license - Annexure A/3, showing his date of birth to be 27.10.1955. He also produced a pan card - Annexure A/4, wherein also his date of birth is shown as 27.10.1955. According to the petitioner, inadvertently at the time of entry into service his date of birth has been wrongly mentioned as 27.10.1953 and as there was an error he submitted a representation and as the representation is rejected, he filed this writ petition.

It is pointed out by learned counsel for the petitioner by placing reliance on the documents - Annexures A/2, A/3 and A/4 that his correct date of birth as entered in these documents have not been entered and no proper inquiry into the matter was conducted. Accordingly, contending that the date of birth of the petitioner has not been entered correctly, petitioner seeks interference into the matter.

Respondents have filed return and have brought on record the particulars of the service book of the petitioner, prepared on the date of his appointment i.e.. 12.6.1974. The service book shows his date of birth as 27.10.1953, there is no over-writing and even for figures and words the same date of birth is recorded. It is signed by the petitioner and by the Commandant of the Battalion concerned, and in this all the particulars of the petitioner are entered which shows that the petitioner has qualification of 7th Class pass. There is nothing in this document to show as to what were the documents produced by the petitioner at the time of entry into service. The service book bears the signature of the petitioner and based on the same respondents contend that they have taken action.

Learned counsel for the respondent State points out that the certificates now produced by the petitioner were never produced at the time of entry in service. Learned Government Advocate submits that Annexure A/2, the so called transfer certificate is a duplicate transfer certificate, which is issued to the petitioner in the year 2009. That apart, the driving license and the pan car are issued in the years 2010 and 2011. Accordingly, contending that now at this stage correction of date of birth is not permissible in view of the provisions of Rules 84 and 85, of the M.P. Financial Code, which contemplates that correction of date of birth should be made within a period of five years of entering into service.

Placing reliance on a judgment of the Supreme Court in the case of State of M.P. and Others Vs. Premlal Shrivas, , learned counsel submits that the petitioner does not have any right to seek correction of the date of birth once the limit prescribed under Rules 84 and 85 of the M.P. Financial Code, are over. Accordingly, learned counsel prays for dismissal of the writ petition.

I have heard learned counsel for the parties and perused the record.

Admittedly petitioner entered service in the year 1974 and is now claiming correction of his date of birth, after a period of more than five years. Under Rules 84 and 85 of the M.P. Financial Code, which are statutory in nature, correction of date of birth is only permissible if there is a clerical error apparent on the face of the record and if the correction is sought for within five years of entering service. The grounds contemplated under Rules 84 and 85 are not available to the petitioner.

That apart, petitioner seeks correction of his date of birth based on the documents which have been obtained by the petitioner in the years 2009, 2010 and 2011, and it seems that at the time of entry in service in the year 1974 petitioner did not produce any document in support of his date of birth. On the contrary, petitioner accepted the date of birth entered on his own showing and counter-signed the date of birth made in the service book - Annexure R/1, showing his date of birth as 27.10.1953. Once the petitioner himself having declared his date of birth and getting it entered in the service book, then contrary to the statutory provisions and based on documents issued to the petitioner subsequent to his entry into service, no correction in the date of birth can be made. There is no document available on record issued to the petitioner prior to his entering in the service.

Under such circumstances and keeping in view the requirement of the statutory rules as contemplated in the M.P. Financial Code, I see no reason to interfere in the matter. Accordingly, the petition stands dismissed.