N.P. Singh, J. - (1.) Petitioner has filed this application for a writ of mandamus directing the respondents to correct the entry in the service book of the petitioner relating to his date of birth on basis of his matriculation certificate and for quashing different orders passed by the respondents authorities rejecting the request of the petitioner for the said correction. Petitioner was appointed as Literate Constable in the year 1950. In the service book, 1927 was mentioned as the year of birth of the petitioner. In February, 1962, petitioner appeared and passed the Matriculation Examination. In the matriculation certificate 6.1.1932 was mentioned as the date of birth of the petitioner.
(2.) In the year 1976, a decision was taken by the State Government to give an opportunity to the employees of the Police Department to get the dates of their birth mentioned in their service books to be corrected with reference to the dates of birth mentioned in the matriculation certificates. The aforesaid decision was communicated to the Inspector General of Police, Bihar, by a letter dated 26.2.1976, issued by the Home (Police) Department. Pursuant to that decision petitioner filed an application on 26.7.1976 for correction of his date of birth mentioned in his service -book with reference to the date of birth mentioned in his matriculation certificate. That request was rejected by the authorities on the ground that petitioner had passed the Matriculation Examination while in service and as such the aforesaid decision of the State Government was not applicable to the petitioner.
(3.) On behalf of the petitioner it was urged that once a decision has been taken by the State Government to correct the entries in the service books of the different employees of the Police Department with reference to the date of birth mentioned in their matriculation certificates, the claim of the petitioner cannot be ignored merely on the ground that he has passed the Matriculation Examination after having joined the service. According to the petitioner, that will amount to discrimination without there being any rational basis for the same.;