- (1.) RAKESH Tiwari, J. The petitioner was appointed as Aaya in 1980 on compassionate ground due to death of her husband who died on 13-1-1980 in harness. Before her appointment, she was medically examined by the Medical Superintendent, Women Hospital, Mathura before whom she declared that her age was 30 years. However, at the time of her appointment, date of birth recorded in her service book was 31-2- 1947.
(2.) COUNSEL for the petitioner contends that the petitioner being an illiterate lady, her date of birth was wrongly recorded as 31-3-1947 in her service book. Accordingly, she is to retire w. e. f. 31-3-2007 whereas according to her correct date of birth, she should retire w. e. f. 31-3-2010. The petitioner appears to have made representation to Dy. General Manager (H. R.)/director, Refinary Hospital, M. R. Nagar, Mathura for correction in her date of birth in accordance with medical certificate issued by Medical Superintendent, Women Hospital, Mathura. The medical certificate appended as Annexure 1 to the writ petition is a proforma of medical certificate to be obtained from a Government Medical Officer not below the status of Civil Surgeon for the purpose of declaration that the applicant has no desease, communicable or otherwise, constitutional weakness or bodily infirmity which may disqualify him/her for employment in the office of the employer.
(3.) A perusal of the aforesaid certificate further shows that according to the own statement of the petitioner before the Medical Superintendent, Women Hospital, Mathura, her age was 30 years which was recorded by the Medical Superintendent. This Court in catena of cases has already held that proforma/aforesaid medical certificate is not incorrigible proof of age/date of birth of a candidate for the reasons that it is only a certificate on the basis of general appearance of the candidate for the purpose of prima facie coming to the conclusion that he/she is not disqualified for the job or that he/she is not suffering from any communicable disease or has any constitutional weakness or bodily infirmity which may cause hindrance or hamper of her job which she may be required to perform.;