Shivakant Prasad, J. - (1.) THE writ petitioner has approached this Court with a prayer for issuance of a writ in the nature of mandamus for direction commanding the respondent authorities to change the date of birth of the petitioner from 3rd February, 1931 to 27th December, 1936 in the record of the West Bengal Board of Secondary Education giving cognizance to the petitioner's original birth certificate and the affidavits sworn by his parents.
(2.) THE chronology of the petitioner's case is that he was born on 27.12.1936 at Village - Ausha, P.S. Memari, Union Board Nabastha, District - Burdwan. The date of birth was informed to Chowkidar of the village. It appears from the original Birth Register Certificate that the date of birth was on 28.12.1936. The petitioner was admitted in Begut Jahnali M.E. School and his age was recorded wrongly as 3rd February, 1931 instead of his actual date of birth on 27.12.1936. The petitioner got himself admitted in Hatgobindapur M.G.C. High School on the basis of transfer certificate and the error in the date of birth was carried on as a result the date of birth was recorded wrongly in the School Admission Register. It is submitted by the learned counsel for the petitioner that before appearing in the school final examination in 1953, the petitioner's father wrote a letter on 12.01.1953 to the Secretary, Board of Secondary Education, West Bengal for correction of the petitioner's date of birth by attaching therewith the petitioner's Admit Card and affidavit sworn by him on 4.12.1951 before the 1st Class Magistrate, Burdwan. The Assistant Secretary (General) through his letter No. 3748/G dated 13.02.1953 informed the petitioner's father that application received was too late for consideration. It is pointed out by the learned counsel for the petitioner that the said letter of Assistant Secretary (General), Board of Secondary Education, West Bengal itself shows that the merit of the petitioner's father's contention in his letter dated 12.01.1953 was not considered rather at the outset it was rejected. But the fact remains that the petitioner could approach the Court of law at that material point of time challenging the said letter of the Assistant Secretary. Further contention of the petitioner is that prior to joining in service, in the Service Book and in the Police Verification Role the petitioner's date of birth was recorded as 27.12.1936 and that Since the recording of the date of birth of the petitioner corroborated his actual date of birth the petitioner got relief of the tension arising out of the age dispute due to erroneous recording of date of birth at the time of his admission in school and non -consideration of his father's representation for correction of the petitioner's date of birth by the Board of Secondary Education, West Bengal. I am unable to agree with such a wishful thinking on the part of the petitioner because there cannot be opening of service record at the stage of police verification before joining government service and the police verification is not for the purpose of recording date of birth of the incumbent, ergo, question of recording of date of birth being 27.12.1936 does not arise. It is submitted that the petitioner retired from the service on attaining superannuation on 28.02.1989, five years before his actual date of retirement, still the petitioner could not get rid of his misfortune.
(3.) FURTHER case of the petitioner is that the petitioner came to know about alteration of date of birth in the Service Book when he collected the duplicate copy of the Service Book after receiving notice dated 11.09.1987 from his employer for his superannuation on and from 28.02.1989. It reflects that the petitioner was well aware of the date of birth as recorded in the Service Book regarding alteration of his date of birth as alleged in paragraph 14 of the writ petition. Therefore, it was expedient on his part to have approached the Court right at that time instead the petitioner slept over the matter and he did not file any suit before any Court of Law for declaration of his date of birth and/or for correction of it and therefore, it can safely be said that there has been a belated application filed before the Court for direction to authorities concerned for correction of his date of birth as 27.12.1936 instead of 3.02.1931.;