A.K. Yog, J. - (1.) Heard Sri S.A. Ansari, learned counsel for the petitioner as well as Sri S.K. Garg, learned counsel appearing on behalf of all the respondent Nos. 1, 2, 3 and 4. The respondents have filed a short counter affidavit annexing therewith relevant extract of Service-book of the petitioner indicating date of birth of the petitioner June 8, 1943. The said extract of the Service-book (Annexure-1 to the short counter affidavit) prima facie shows no cutting or interpolation.
(2.) Admittedly, the petitioner did not study up to High School and also.there is no averment of date of birth being mentioned in the Service-book at the point of entry in the service.
(3.) Petitioner, however, relies upon medical fitness certificate (Annexure-1 the writ petition) wherein the Civil Surgeon, Moradabad opined that candidates age on assessment as 35 years and by appearance about 25 years (Annexure-1 to the writ petition). The said certificate of the Surgeon refers to no prescribed medical examination, including X-Ray, etc. to show that he was called upon to conduct medical test to ascertain age of the petitioner.;