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2010 Supreme(SC) 1093

DEEPAK VERMA, DALVEER BHANDARI
State of Maharashtra – Appellant
Versus
Gorakhnath Sitaram Kamble – Respondent


Advocates appeared:
For the Appellants:Shankar Chilarge (Asha Gopalan Nair), Advocate
For the Respondents:Pravin Satale (Naresh Kumar), Advocate.

Judgment :

DALVEER BHANDARI, J.

Applications for exemption from filing Official Translation and certified copy of the impugned order are allowed. Leave granted. Heard learned counsel for the parties.

2. This appeal emanates from the judgment of the High Court of Judicature at Bombay delivered in Writ Petition No.6531 of 2006 dated 19th January, 2007.

3. Brief facts which are necessary to dispose of the appeal are recapitulated as under :

4. Respondent no.1 was appointed as Assistant Teacher on 13.02.1978. He filed a Secondary School Leaving Certificate indicating 02.06.1949 as proof of his date of birth. In the service record also consequently the same date of birth was recorded.

5. On 23.05.2004, respondent no.1 filed an application to the Education Officer (Primary), Zilla Parishad, District Sangli complaining that though in the School Leaving Certificate his date of birth is 02.06.1949 whereas, in fact the date of birth in the record of the Tahsildar is 03.05.1951, so the date of birth be corrected in the service record of the respondent according to the record of the Tahsildar.

6. The application, filed by the respondent no.1 was rejected by the Block Education Officer on the gr















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