G.S. Singhvi, J. - (1.) Whether the decision taken by the Syndicate of the Panjab University to entertain and accept the application made by respondent No. 1 Megh Raj Garg for changing the date of birth recorded in his matriculation certificate was binding on the State Government and the High Court of Punjab and Haryana (hereinafter described as 'the appellant') and whether the suit filed by respondent No. 1 for ordaining correction of the date of birth recorded in his service book was maintainable are the questions which arise for determination in this appeal filed by the appellant against the judgment of the learned Single Judge of the High Court in Regular Second Appeal No. 901 of 1996.
(2.) Respondent No. 1 joined service as Sub Judge-cum-Judicial Magistrate, II Class in March, 1973. His date of birth was recorded in the service book as 27.3.1936 because that was the date mentioned in the matriculation certificate and the application made by him in response to the advertisement issued by the Punjab Public Service Commission. After ten years of joining the service, respondent No. 1 submitted an application to the concerned authority of Punjab University for amendment of the date of birth recorded in the matriculation certificate by asserting that his correct date of birth was 27.3.1938 but by mistake the same was recorded as 27.3.1936. In support of this assertion, respondent No. 1 relied upon the certificates issued by Government High School, Moonak and Hindu Sabha High School, Sunam. The Date of Birth Committee of the University recommended that the request made by respondent No. 1 may be accepted. Thereupon, the Syndicate of the University directed that the date of birth recorded in the matriculation certificate of respondent No. 1 be changed from 27.3.1936 to 27.3.1938. In compliance of the decision taken by the Syndicate, necessary changes were made in the matriculation certificate of respondent No. 1.
(3.) After having succeeded in persuading the University to change the date of birth recorded in his matriculation certificate, respondent No. 1 represented to the State Government for making corresponding change in the date of birth recorded in the service book. The State Government, in consultation with the High Court, rejected the prayer of respondent No. 1 and he was informed about this vide letter dated 28.1.1993.;