Ananda Sen, J. - (1.) The petitioner is challenging her date of birth, which has been recorded in her service book. The petitioner claims that her date of birth is 17.02.1975. In support of her claim, the petitioner has relied upon Annexure-1, which is a communication, wherein it has been mentioned that the date of birth of the petitioner has been declared by her husband as 17.02.1975, for recording the same in the service book of the husband of the petitioner. She also relies upon a birth certificate.
(2.) Be it noted that the petitioner has been appointed on compassionate ground on the death of her husband, who died in harness on 14.12.2003. The petitioner was appointed vide Annexure-3, i.e. an offer of appointment dated 18.03.2010. Since the petitioner is non-matric, she was directed to appear before the Medical Board for assessing her age. The report of the Medical Board has been brought on record by the respondents (AnnexureA) as a part of the counter affidavit. Medical Board was constituted by Chief Medical Officer, Head of the Department (Gynecology), Head of the Department (Physician), Head of the Department (Ortho), Head of the Department (Dental), Doctor from Department of Radiology and other authorities. The report of the said Medical Board concluded that the age of the petitioner is 40 to 45 years as on 21.05.2008. On the basis of the said assessment of the Medical Board the date of birth of the petitioner has been entered in the service book as 21.11.1965. The petitioner is challenging the same.
(3.) As mentioned earlier,the only document, which the petitioner is relying upon is a letter at Annexure-1 and a Birth Certificate of this petitioner, which was issued in the year 2003. The birth certificate of the petitioner, which was issued in the year 2003, cannot be looked into because of the specific provisions laid down under section 13(3) of the Registration of Births and Deaths Act, 1969, for the delayed registration of births and deaths, which reads as under: "13(3):- Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee.";