D.K. Seth, J. - (1.) The petitioner was appointed in the post of L. T. Grade Teacher in the concerned Institution on 15th July, 1967 when the date of birth was entered in his service record as on 1st July, 1937 on the basis of the High School Certificate wherein the date of birth of the petitioner was recorded as on 1st July, 1937. The School authority issued a show-cause notice on the petitioner on 28th September, 1995 alleging that from the record of his admission in the year 1949 and the Middle Examination and in the Amar Shaheed Inter College. Bewar. Mainpuri, where the petitioner was admitted after passing the Middle Examination and Rashtriya Vidya Mandir Inter College, Akbarpur, Farrukhabad from where the petitioner passed the High School Examination and Sri Tilak Vidyalaya Inter College, Firozabad from where the petitioner passed the Intermediate Examination in the year 1954, it was apparent that the date of birth of the petitioner was 8th June. 1934. Therefore, he should explain why he should not be, on attaining the age of 60 years on 30th June, 1994 on the allegation that he had suppressed the said date of birth and wrongly given the date of birth as 1st July, 1937. By an order dated 30th October, 1995 which is Annexure '14' to the writ petition, the petitioner was relieved from service pursuant to a Resolution dated 22nd October. 1995 with effect from 7th June, 1995. It was mentioned In the said order that despite opportunity being given to the petitioner, he did not explain instead he had sent a registered cover containing a torn newspaper. It is this order which has been challenged by means of the present writ petition.
(2.) Mr. Ashok Khare, learned counsel for the petitioner contends that since the date of birth of the petitioner was recorded on the High School Certificate as on 1st July, 1937 and the same was entered in the service record, the School authority cannot go back and rely upon other evidences as sought to be alleged in the order dated 30th October. 1995. Unless it is conclusively found that the petitioner's date of birth has been wrongly recorded in the Service Book. there is no scope for correction thereof by the Committee of Management. According to him, even if there may be any date appearing In any record, the same would be a disputed question of fact which the School authority Is not authorised to substitute on the face of the date of birth recorded in the High School Certificate and the Service Book which has not been disputed so long and had been allowed to exist for such a long time. In case such a decision is taken by the School authority, it would be usurping the jurisdiction of the civil court and deciding a dispute which is apparently borne out by the High School Certificate. He contends further that there are certain provision in the Government Servant Rules for treating the date mentioned in the High School Certificate to be the correct date of birth. He fairly concedes that no such similar Rule has been prescribed under the U. P. Intermediate Education Act or the Regulations framed thereunder.
(3.) Mr. Ravi Kant, learned counsel for the respondent, on the other hand, vehemently opposes the contention of Mr. Khare and contends that the School Authority has jurisdiction to correct the date of birth if it is wrongly recorded. In the present case, in absence of any specific rule relating to the acceptance of the date of birth in the High School Certificate, it is open to the School authority to question the genuineness thereof and come to the decision of its own on the basis of materials available. The School authority had given opportunity to the petitioner to contest the same which the petitioner had avoided to do. The record clearly indicates which according to him is not disputed that the petitioner's date of birth was 8th June. 1934 which he had concealed and recorded as on 1st July, 1937 on the basis of the High School Certificate. Therefore, there is no infirmity in the order impugned.;