- (1.) The petitioner who has retired as a member of the Indian Armed Forces (Medical Corps) prays for the issue of an appropriate writ, order or direction to the respondents to change his date of birth from September 5, 1932 to November 14, 1933. The respondents viz. the Union of India and others have contested this claim. A few facts may be noticed.
(2.) The petitioner avers that he was born in village Lassara, Tehsil Phillaur, District Jullundur on November 14, 1933. He has another brother who was born on October 27, 1936. The petitioner's father was a doctor. He was posted in the State of Uttar Pradesh. The petitioner started primary education at DAV School, Walterganj, district Basti (U.P.). This place is now called Gobind Nagar. In the year 1943, the petitioner's father joined the Armed Forces. Accordingly, the petitioner had to shift to his permanent parental place in village Shankar, Tehsil Nakodar. He was admitted to a school at Nakodar. In the year 1944, the petitioner's father suddenly expired. On account of his father's death, the petitioner was shifted to his maternal uncle's place who was then serving as a Manager of Coal Mines at Makerwal, District Mianwali which is now a part of Pakistan. He was admitted to a school at Sultan Khel. The petitioner's maternal uncle resigned from his post and shifted to Dhanbad. Even the petitioner had to shift. He was brought to Jullundur where he was admitted to a school. He passed his Matriculation examination from Sain Dass A.S. High School, Jullundur City. Ultimately, he passed the M.B.B.S. Course from Bombay and joined service with the Punjab Govt. In the year 1961, the petitioner joined the Army as a Commissioned Officer in the Medical Corps.
(3.) Due to the frequent shifting and transfers from one place to another, necessitated by the death of his father, the petitioner could not keep track of record which remained at his ancestral house. The necessity for mentioning the date of birth arose at the time of filling up of the form for the Matriculation examination. On account of the death of his father, there was no one to guide him. He had no record in his possession and no knowledge about his birth certificate. Accordingly, a wrong date of birth viz. September 5, 1992 was mentioned. This date was consequently entered in his Matriculation certificate. During the year 1979 while the petitioner was posted at Ladakh he shifted his family to Jullundur Cantonment. At that time he happened to go through the old letters and records kept by his father. He came across his Primary School Certificate and a certificate from the Civil Surgeon dated March 14, 1944. At that stage, he learnt that his actual date of Birth was November 14, 1933 and not September 5, 1932. Copies of the school leaving certificate as well as the document issued by the civil surgeon have been produced as Annexures P-1 and P-2. On having got this information, the petitioner submitted an application dated May 22, 1980 to the Army authorities for the change of his date of birth. Vide letter dated March 3, 1981 (a copy of which has been produced as Annexure P-5) the petitioner was informed that his date of birth "has already been verified as 05 Sept 1932 on the basis of his matriculation certificate. In view of the above, it is not possible to change the same at this stage on the basis of Birth Certificate and affidavit. The officer may, however, please be advised to get the date of birth changed in his matriculation certificate from the University authorities concerned and submit the amended certificate to this HQ." Accordingly, the petitioner applied to the Panjab University, Chandigarh, for the correction of his date of birth. Vide letter dated January 6, 1986 a copy of which has been produced as Annexure P-6 with the writ petition, the petitioner was informed that "the Syndicate of this University vide para 2 of its proceedings dated 24.12.1985, has allowed correction in your date of birth from 5.9.1932 to 14.11.1933 (Fourteenth Nov. one thousand nine hundred and thirty three)." He again approached the Army authorities vide his letter dated January 8, 1986, a copy of which has been produced as Annexure P-7. Since the petitioner did not hear anything from the Army Headquarters and his date of retirement was approaching, he filed the present writ petition in this Court on April, 27, 1987. The petitioner avers that the respondents had allowed the change in date of birth in a number of cases and their failure to do so in his case was arbitrary and suffered from the vice of discrimination.;