DURVASALA SARASWATI Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2006-12-85
HIGH COURT OF CALCUTTA
Decided on December 13,2006

Durvasala Saraswati Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

Jayant Kumar Biswas, J. - (1.) The petitioner is aggrieved by the decision of the District Inspector of Schools (SE), North 24 Parganas dated February 11th, 2005 rejecting her request for changing her recorded date of birth.
(2.) She joined Titagarh Andhra Vidyalayam, North 24-Parganas as an assistant teacher on September 1st, 1977; at that date she was possessing a matriculation certificate issued by the Andhra University. She had taken the matriculation examination held in March 1962, and in the certificate her date of birth was recorded as January 1st, 1944. On reaching the age of superannuation she was to retire from service on December 31st, 2003. On October 31st, 2000 she got her date of birth registered with the Registrar of Births and Deaths, Vizianagaram Municipality who issued the certificate of birth dated November 23rd, 2000 stating that her date of birth was January 1st, 1947.
(3.) In 2001 for the first time she approached the Andhra University asking for change of her date of birth recorded in the matriculation certificate. In support of her claim she relied on the certificate of birth dated November 23rd, 2000. Alleging that the university did not take necessary steps, she filed a suit in the court of the I-Additional Junior Civil Judge, Visakhapatnam on April 16th, 2002. The university was the sole defendant in that suit. She then submitted a representation dated December 10th, 2003 asking her employer to keep her in service on the ground that the suit was pending.;


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