HC rejects writ for Correction of DOB after 22 Years in Government Service

Ramdas Mahadeo Khedekar Vs State of Maharashtra & Ors. (Bombay High Court)

It is not disputed that the petitioner, at no point of time, had filed application for correction of date of birth in the service records prior to approaching this Court. The petitioner is in government service for more than 22 (twenty-two) years. However, he has never applied for correction of the date of birth in the service records. The case of the petitioner is that in March 2018 he had been to the native place of his grandfather and there he could find the handwritten dates recorded by the grandfather and the date of birth of the petitioner in handwriting was recorded as 24^th December 1973.

This court, in writ jurisdiction under Article 226 of the Constitution of India, would not determine the correct date of birth of the petitioner. This court would only consider whether, after rendering 22 years of service, the petitioner can be permitted to correct the date of birth in the service records. Admittedly, every time the petitioner entered the service, his date of birth is recorded as ^1st June 1971. It is also admitted by the petitioner that in the school record also the date of birth is recorded as 1^st June 1971.

If the transfer certificate of the petitioner of the 10^th Standard is perused and if the date of birth of the petitioner, as contended by the petitioner is accepted, viz. 24^th December 1973, then, the petitioner took admission in the 10^th Standard at the age of 13 years. Be that as it may, we may not enter into this aspect. Suffice it to observe that as per Rule 38(1) of the Maharashtra Civil Service (General Conditions) Rules 1981, an application ought to have been made within 5 (five) years from entering into the service.

In the seniority list maintained by the employer, the date of birth of the petitioner is recorded as 1^st June 1971. No objection was raised by the petitioner at any material point of time prior to filing of the present writ petition.

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