V.M.Sahai, J. - (1.) The dispute in this petition is whether the date of birth of respondent in the service book was rightly changed from 13.7.1944 to 13.7.1934 by the principal of Jagat Taran Girls Inter College. Allahabad (in brief institution) after lapse of more than twenty years from the date the first entry was made in the service book of the respondent.
(2.) The respondent No. 4 was appointed on a fixed salary as farrash, a class IV post in the institution on 27.10.1959. He was appointed regular peon on 1.8.1973. In the service book his date of birth was recorded as 13.7.1944. On 4.8.1993 the Deputy Director of Education made inquiry from the petitioner for granting selection grade to the respondent. On this, the petitioner started an inquiry and found that the date of birth was fictitiously changed from 13.7.1934 to 13.7.1944. She reached this conclusion because in the managers return of 1968-69 and 1969-70, the age of respondent was shown as 13.7,1934 whereas in the managers return of 1970-71 the date of birth was scored out and it was mentioned as 13.7.1944. The petitioner, therefore, corrected the entry after more than twenty years from 13.7.1944 to 13.7.1934 and retired respondent with effect from 31.7.1994. The petitioner on 1.8.1994 made a representation before District Inspector of Schools that the principal of the institution is not permitting him to sign the attendance register. The petitioner also made a representation to Regional Deputy Director of Education (Second) Fourth Region. Allahabad who on 17.8.1994 directed the District Inspector of Schools (Second) Allahabad to inquire and take decision in the matter. The District Inspector of Schools sent letter to the principal to submit service book of the respondent, the AR and MR at the time of first appointment, the proof that the respondent must have given about his date of birth, whether the respondent at the time of appointment was educated. If so, the proof of it. But the principal did not send the papers except referring that the respondent had retired. The respondent produced proof of passing primary examination (Class-V) in 1957 where his dale of birth was recorded as 13.7.1944. Since the principal did not submit the documents the District Inspector of Schools by his order dated 29.11.1994 held that the date of birth recorded in service book of the petitioner as 13.7.1944 was correct. He referred to the order of the Government dated 28.5.1974 directing that date of birth recorded in high school certificate or similar examination or entered in service book should be taken as correct. The District Inspector of Schools held that entry in service book tallied with entry in school leaving certificate, therefore, the respondent's date of birth as entered in service book was correct. On these findings, he set aside the order of the principal and continued the respondent No. 4 in service. It is this order dated 29.11.1994 Annexure-2 to the petition, which is under challenge in this writ petition.
(3.) I have heard Shri S. B. Singh learned counsel for the petitioner and Shri Krishnaji Khare learned counsel appearing for respondent No. 4 and learned standing counsel appearing for respondent Nos. 1 to 3.;