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1995 Supreme(SC) 1328

SUPREME COURT OF INDIA
(Central Administrative Tribunal, Chandigarh Bench)
B L Hansaria, K Ramaswamy
UNION OF INDIA AND OTHERS, APPELLANTS
VERSUS
SAROJ BALA (MRS), RESPONDENT.
Civil Appeal No. 12073 of 1995
decided on 13th December, 1995.

Advocates:
K.LEHRI, P.PARMESHVARAN, R.S.Suri, S.N.TERDAL, T.V.RATNAM

Headnote:

Constitution Of India, 1950 - Selection in competitive examination – Enquiry - Respondent then filed an application for correction of date of birth which was rejected by Government - Thereafter respondent filed an OA in Central Administrative Tribunal Chandigarh - By impugned order Tribunal held that date birth of respondent and directed correction of her date of birth in service record within the time specified in order - Thus this appeal by special leave – Held, Court are wholly unable to appreciate the stand of the respondent - Respondents parents are not illiterate - She is well educated one - She competed in All India Civil Services Examination - Her date of birth was registered in the University - On the basis she appeared for examination sought selection and accordingly she was selected - Date has been entered in the service record and remained undisputed for years - Subsequently it appears that se discovered in a talk with her sister that her date birth is incorrect - Then enquiries were made and birth certificate obtained which mentioned the birth of child and the parentage of the respondent -Horoscope was also sought to be set up corroborate those circumstances - It is unthinkable that having been born in an educated family and having remained in service for years she discovered that her date of birth is wrong - Under these circumstances Tribunal was wholly unjustified and obviously illegal in allowing application and directing correction of date birth - Though sought to bring to our notice that she made her representation in year it is of little importance for disposal of matter on merits – Appeal allowed

ORDER

1. Leave granted.

2. We have heard the counsel for both the parties. The respondent had appeared in the year 1971 for All India Civil Services Examination wherein she had annexed her school record in which her date of birth was recorded as 4-4-1949. On the basis of the selection in the competitive examination, she was selected for All India Revenue Service (Income Tax) in the year 1972 and she jointed the service in the said year. On 18-6-1985, she approached the University for correction of her date of birth to be 5-4-1950. The University by its proceedings dated 13-10-1986 had rejected the same. The respondent then filed an application on 5-2-1991 for correction of the date of birth which was rejected by the Government on 4-4-1991. Thereafter the respondent filed an OA in the Central Administrative Tribunal, Chandigarh. By the impugned order dated 6-1-1992, the Tribunal held that the date of birth of the respondent is 5-4-1950 and directed correction of her date of birth in the service record within the time specified in the order. Thus this appeal by special leave.

3. Shri R. S. Suri, the learned counsel appearing for the respondent, contended that the birth certificate given by the Registrar do indicate that her date of birth is 5-4-1950 and that the mother had filed an affidavit in support thereof. It is also sought corroboration from the date of birth certificate of her elder sister and due to close proximity of six months between the birth of two children, it would not be possible that the respondent would have been born. He also relied upon the horoscope prepared to prove her date of birth.

4. We are wholly unable to appreciate the stand of the respondent. The respondents parents are not illiterate. She is a well educated one. She competed in All India Civil Services Examination. Her date of birth was registered in the University to be 4-4-1949. On the basis, she appeared for the examination, sought selection and accordingly she was selected. The said date has been entered in the service record and remained undisputed for 18-1/2 years. Subsequently it appears that she discovered in a talk with her sister that her date of birth is incorrect. Then enquiries were made and birth certificate obtained which mentioned the birth of the child and the parentage of the respondent. Horoscope was also sought to be set up to corroborate those circumstances.

5. It is unthinkable that having been born in an educated family and having remained in service for 18 years she discovered that her date of birth is wrong. Under these circumstances, the Tribunal was wholly unjustified and obviously illegal in allowing the application and directing correction of the date of birth. Though Mr. Suri sought to bring to our notice that she made her representation in the year 1981, it is of little importance for disposal of the matter on merits.

6. The order of the Tribunal is set aside. The appeal is allowed. No costs.

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