- (1.) This special appeal has arisen from a judgment and order of the learned Single Judge dated 2 December 2015. The learned Single Judge has allowed the writ petition filed by the respondent and has directed the correction of his date of birth in the service record of the Irrigation Department of the State Government as 15 February 1959 in place of 15 February 1956.
(2.) The learned Single Judge has allowed the writ petition at the stage of preliminary hearing, without calling for a counter affidavit from the State on the basis that in view of the "undisputed facts and the documents on record" the petition would be decided without the defence of the State being placed on the record.
(3.) The respondent was appointed as a helper in the Irrigation Department on 1 November 1978. The application submitted by the respondent for appointment indicates that he was 22 years of age and had failed at the High School examination. The age of the respondent was entered in his service book as 15 February 1956. The date of entry in the service book is 17 February 1984 and bears the thumb impression of the respondent together with his signature. On 22 June 2004, the respondent submitted an application to the effect that his date of birth has been wrongly recorded as 15 February 1956 instead and in place of 15 February 1959. In support thereof, the respondent relied upon a certificate issued by the Principal of the Rajkiya Inter College, Bareilly dated 29 March 1990 indicating that the date of birth of the respondent in the records of the institution is 15 February 1959. The certificate indicates that the respondent had appeared at the High School examination in 1978 which he cleared but the institution has still not received the High School certificate from the Secondary Education Board.;