( 1 ) RULE. By consent of the parties, Rule is taken up forthwith. We have heard the learned counsel for the parties.

( 2 ) THE Administrative Officer in the Maharashtra Labour welfare Mandal, vide his letter dated 4th March, 2005, declined to accept the request of the petitioner for change in date of birth in the service record of the petitioner. The petitioner again made an application on 2nd January, 2007, which was also rejected by the education Officer, respondent No. 3, vide order dated 3rd April, 2007. The legality and correctness of both these orders is questioned by the petitioner in the present writ petition on the strength of Rule 38 of the maharashtra Civil Services (General Conditions of Services) Rule, 1981, hereinafter referred to as "the Rules". The relevant part of Rules on which the petitioner relies on reads as under:-

"38 (2) (f ). When once an entry of age or date of birth has been made in a service book no alteration of the entry should afterwards be allowed, unless it is known, that the entry was due to want of care on the part of some person other than the individual in question or is an obvious clerical error; instruction: (

1) Normally