S. Rafat Alam, Sudhir Agarwal, JJ. - (1.) This special appeal is preferred against the order of Hon'ble single Judge of this Court dated 6.4.1999 whereby the writ petition of the petitioner respondents was disposed of with the direction to the Board to issue a fresh and corrected certificate changing the date of birth of the respondent as 12.7.1949 instead of 1.7.1952 within a period of two months from the date of receipt of the certified copy of this order.
(2.) The brief facts are that the petitioner respondent appeared in the High School examination in the year 1967 mentioning his date of birth as 1st July, 1952 in the examination form filled by him. He passed High School Examination, 1967 and the certificate issued by the appellant mentioned his date of birth as 1.7.1952 on the basis of entry made by him in his examination form. Thereafter the petitioner respondent applied for appointment as constable in C.R.P.F. in the year 1969 showing there in his date of birth as 12.7.1949. The petitioner respondent was selected and appointed. However, the C.R.P.F. asked the petitioner respondent to furnish High School certificate for verification of his date of birth as disclosed by him at the time of getting appointment which he failed to (sic). The officials of C.R.P.F. made verification from the Board. It was found that his actual date of birth was 1st July, 1952 as printed in the High School certificate Consequently an enquiry was initiated against him since as per date of birth 1.7.1952, he was under age for recruitment in C.R.P.F. However, the respondent in the meanwhile applied in 1995 for correction of his date of birth in the High School certificate. When the said application was not being entertained, he approached this court by Writ petition No. 36718 of 1997 which was disposed of vide order dated 5.11.1997 with the direction to the Board to decide his application in accordance with law within a period of two months from the date of production of the certified copy of the order. The Secretary of the Board thereafter disposed of the representation by a reasoned order dated 12.1.1998 rejecting the same on the ground that even the Principal of the institution after verifying has endorsed that as per record of his school, the date of birth is 1.7.1952. The petitioner respondent being aggrieved filed writ petition No. 10093 of 1998 for quashing of the order of Secretary dated 12.1.1998 and also seeking a mandamus commanding the (Board) to correct his date of birth in the High School certificate issued in the year 1967. The Hon'ble Single judge was of the view that the change in the date of birth sought by the petitioner is of no advantage to the petitioner respondent. Rather on the other hand he will be in a disadvantage position in the sense that he would be required to retire three years earlier to his otherwise date of retirement based on 1.7.1952. The writ petition was therefore, on the aforesaid ground, allowed and the Board was directed to correct the date of birth of the petitioner respondent in the High School certificate and issue correct certificate within a period of two months.
(3.) Learned counsel for the appellant vehemently contended that after receipt of the representation of the respondent, pursuant to the direction of this court in writ petition No. 36718 of 1997, the matter was examined and the certificate of the petitioner respondent was also sent to the concerned school whereupon it found that the date of birth entered in the certificate is correct and no change is required. He further submitted on behalf of the appellant that the correction in the High School certificate can only be made where any clerical mistake or omission is found at the Board level. It is submitted that since in the case in hand no error was found, rather the entry in the High School certificate was on the basis of entry made in Examination form submitted by the appellant, the same was considered, examined and rejected by a reasoned order. It is also submitted that the disciplinary proceeding against the appellant was initiated by C.R.P.F. wherein the charges against the petitioner respondent was regarding furnishing incorrect date of birth due to which he secured appointment otherwise he was not eligible on the date when he applied for such appointment being under age and the belated exercise on the part of the respondent is only to wriggle out of the said proceedings by getting the date of birth changed in High School certificate and this is not bonafide.;