A writ petition is not maintainable for the correction of a date of birth in a service record if the petitioner fails to approach the court within a reasonable time and lacks unimpeachable evidence to support their claim. The proper remedy in such cases is a civil suit.

JUDGMENT

1. This Writ Petition is filed for the following relief:

“….to issue a Writ, order or direction more in the nature of Writ of Certiorari calling records pertaining to the service register and declare the action of the respondents in not considering the representation dated 13.11.2019 by rejecting vide its office order dated 19.01.2021 is illegal, arbitrary, violation of Article 14, 16 & 21 of the Constitution of India and against the natural principles of justice and consequently direct the respondents to make a correct entry of my date of birth as 10.04.1970 in my service record and issue appropriate proceedings and to pass such other orders as this Hon’ble High Court may deem fit and proper in the circumstances of the case.”

2. At the stage of admission, a learned single Judge directed that the matter should be listed on 14.06.2021 in view of the urgency being expressed by the learned counsel for the petitioner stating that the petitioner was retiring on 30.06.2021. The learned Single judge also expressed his apprehensions about the maintainability of the writ etc. The matter was listed on 16.06.2021 and this Court also expressed apprehension that the maintainability of the Writ Petition for correction of the Date of Birth etc. It was noted that the evidentiary value of the document filed will have to be brought to the notice of this Court. Learned counsel agreed to argue the matter on its merits. On 23.06.2021 he filed an additional affidavit with the case law and applicable rules and regulations. He also reiterated about the urgency, made repeated requests and ultimately argued the matter on its own merits. The additional affidavit was also received and the arguments were heard.

3. Learned counsel for the petitioner argues that the Writ Petition is maintainable. According to him there is no absolute bar against the correction of the date of birth included in the Service Register. Relying upon the A.P. Public Employment (Recording and Alteration of Date of Birth) Rules 1984, learned counsel argues that as per Rule 2 (5) the Date of Birth can be corrected. Rule 2 (5) is as follows:

“The date of birth as determined on the basis of the school records or any proof produced at the time of entering into service and entered in the service record shall be final and no subsequent variation of date of birth in the school records for any reason, shall be relevant for the purpose of service and on that basis the date of birth entered in the service records shall not be altered except in the case of bona fide clerical error under the orders of the Government.”

4. Relying upon the documents filed, learned counsel argues that he has filed a record sheet of the petitioner from her school, which shows that the petitioner’s date of birth is 10.04.1970. Thereafter he relies upon the Date of Birth as disclosed in the Aadhaar Card and other documents, wherein mentioned as 10.04.1970. He relies upon the A.P. Government Insurance Policy issued to the petitioner’s husband to argue that as the petitioner’s husband was born on 01.07.1967 it is improbable that the petitioner was born in 1961. This is pleaded specifically in the Writ Petition also.

5. Learned counsel also argues that the respondents did not consider these facts when they passed an order dated 19.01.2021 rejecting the representation of the petitioner dated 13.11.2019 and learned counsel submits that the rule referred to above permits the correction of the Date of Birth if there is a genuine clerical error. He argues that in this case because of the error committed in the recording of the Date of Birth, which according to him is a bona fide clerical error, this Court has the necessary authority and the power to issue the direction as prayed for. Relying upon the case law the submission is made that Courts have entertained writ petitions against the respondents for the relief of correction of Date of Birth. Therefore, it is submitted that the petitioner has made out a case for grant of