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2000 Supreme(Pat) 986

SUDHANSU JYOTI MUKHOPADHAYA
Radhe Shyam Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application has been preferred by the petitioner for correction of date of birth, in terms with the matriculation certificate.

2. From the pleading made by the petitioner and the enclosures attached to the writ petition, it will be evident that the petitioner was appointed as Sepoy in B.M.P 8 on 16th April, 1964. His service Book was opened and date of birth was recorded as 1st July, 1942.

3. According to the petitioner, in the matriculation examination, his date of birth has been shown to be 15th January, 1945 and thereby the date of birth should have been corrected accordingly.

4. According to the counsel for the State, the petitioner never informed that he has passed matriculation examination nor the certificate was produced before Selection Board, whereinafter the date of birth was entered in the service record.

5. Further, according to him, the date of birth of petitioner in the service book cannot be corrected, as a period of more than ten years has passed after its posting in the Service Book.

6. In connection with number of cases, it has come to the notice of the Court that the State Govt. issued guidielines in 1976, wherein it was stipulated to correct the




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