S.K. Dhaon, J. - (1.) The petitioner, a clerk of an institution known as Adarsh Sewa Vidyalaya Inter College, Varanasi, has made two prayers in this petition. The first is, that a writ in the nature of mandamus may be issued to the Management/Principal of the institution concerned to correct the entry in the service records with regard to the date of birth of the petitioner, or to dispose of the representation of the petitioner. The second is, that the District Inspector of Schools may be commanded to dispose of the representation of the petitioner in the matter of correction of his age.
(2.) We have heard the learned counsel. Regulation 10 of Chapter 1 of the Regulations framed under the . P. Intermediate Education Act provides that the Headmaster or the Principal shall be solely responsible and shall have necessary powers for the internal management and discipline of his institution including maintenance of service books and character rolls of, teachers, clerks, etc. The question is whether the Headmaster or the Principal has any express, or implied power to make any correction of age in the service book. Obviously neither the Headmaster nor the Principal is the employer of the petitioner. In the context and setting of Regulation 10, it appears that the expression 'maintenance of service books, etc., used only confers a ministerial duty upon the Principal or the Headmaster to be a custodian of service books. No power rs deposited in him to make any correction in the service book.
(3.) Reliance is placed by the learned counsel upon the provisions of U. P. Pligh Schools and Intermediate Colleges (payment of Salaries of Teachers and other Employees) Act, 1971, for advancing his submission that, in any view of the matter, the District Inspector of Schools has an implied power to look into the record and find out if a particular age of a particular employee, to whom he is under an obligation to pay salary month by month, has been correctly mentioned in the service book. Strong reliance has been placed by the learned counsel upon a decision of this Court in Dharamvir Singh Tyagi v The Deputy Director of Education and others, 1981, U.P. Local Bodies and Educational Cases, 511. In this case, this Court took the view that the District Inspector of Schools has, under the aforementioned Act, implied power to examine the question whether letter of resignation submitted by a particular teacher, was a forged one or a genuine one. As a corollary to this, it is contended that since the District Inspector of Schools is under an obligation to pay the salary of the petitioner, there is an implied power in him to look into the grievance of the petitioner. We are inclined to accept this submission. It is stated that a representation was made to District Inspector of Schools on 18th January, 1988. followed by a reminder on 7-4-1988. If these applications re pending before the District Inspector of Schools, he shall dispose of the same within period of six weeks form the date of presentation of a copy of this order before him by the petitioner. The District Inspector of Schools, it goes without saying, shall have due regard to all the relevant factors including the terms of the latest Government rules with regard to change of the date of birth in the case of Government servant.;