S.P. Mehrotra and Pankaj Mithal, JJ. - (1.) ON being unsuccessful in the writ petition to get his date of birth changed, the petitioner-appellant has preferred this appeal under Rule 5 of Chapter VIII of the Rules of the High Court, 1952.
(2.) THE petitioner-appellant filed a writ petition for issuance of mandamus to correct his date of birth as mentioned in his service book from 1st July, 1951 to 12th July, 1953. The learned Single Judge dismissed the writ petition inter alia on one of the grounds that after 27 years of service the belated request for correction in the date of birth cannot be accepted. The petitioner entered into service on 13th March, 1970. His date of birth in the service book was recorded as 1st July, 1951. Thereafter, petitioner passed High School examination in 1971. In the High School certificate he got his date of birth recorded as 12th July, 1953. Since 1971 till atleast 1997 petitioner-appellant made no effort to get his date of birth in the service record changed.
(3.) THE submission of Sri Anil Tiwari, learned Counsel for the petitioner-appellant is that the learned single Judge has failed to take into consideration the mark-sheets of the petitioner-appellant of Class V and VIII which also mention his date of birth as 12th July, 1953 as has been mentioned in the High School certificate. Admittedly, petitioner-appellant had entered into service prior to passing the High School. In the service book his date of birth has been mentioned as 1st July, 1951 as supposedly given by him. It is not his case that the date of birth as appearing in the service book was recorded in an arbitrary manner without consulting him. There is no material to substantiate that the aforesaid mark sheets of class V and VIII were placed before the appointing authority at the time of petitioner-appellant's appointment or preparation of service book he petitioner-appellant himself is guilty of concealing his mark sheets of class V and VIII at the time of entry into service, The petitioner-appellant cannot be permitted to rely upon such mark sheets at such a long distance of time at the fag end of his service. It may be true that date of birth appearing in the School register or in the mark sheets may be a good evidence under Section 35 of the Evidence Act but such evidence cannot be accepted unless it is duly proved. The mark sheets of class V and VIII on which reliance is being placed as such requires to be proved before its veracity can be accepted. This cannot be done in exercise of writ jurisdiction and therefore also no reliance can be placed upon the said mark sheets.;