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2003 Supreme(Pat) 1045

PATNA HIGH COURT
Ravi S.Dhavan and Shashank Kr.Singh JJ.
Chandraket Singh
Versus
State Of Bihar
Letters Patent Appeal No. 898 of 2003 ;
Decided On : SEPTEMBER 24, 2003

Headnote:Service Law-Year of birth-Claim for change in year of birth-Matter examined in earlier writ petition and on re-examination the year of birth of petitioner retained as entered in his service book which was signed by him-It is not possible in writ jurisdiction to go into these complicated questions of fact and on issues-On the subsequent writ petition it may not be possible to give such a certification-Petitioner given liberty to seek his remedy in whichever forum he may be advised. (Paras 2 to 4)

       CWJC No. 5399/03-Approved.

       

Judgment

1. This Letters Patent Appeal arises out of an order of 21 July, 2003 on C.W.J.C. No. 5399 of 2003 : Chandraket Singh vs. The State of Bihar & Ors.

2. It is necessary to place on record that the petitioner had filed an earlier writ petition also C.W.J.C. No. 14401 of 2002 in which pleadings were exchanged. This much came on the record that the petitioner was a matriculate and he had signed his service book with a declaration in English that the year of his birth was 1945. The matter was examined in the earlier writ petition and for any grievance which the petitioner may have been left with. On re-examination the year of birth of the petitioner was retained.

3. The petitioner now contends that there are several factors upon which his date of birth needs to be reckoned and also that the year of his birth is later than 1945 as recorded in the service book which he himself had signed with a declaration.

4. It is not possible in the writ jurisdiction to go into these complicated questions of fact and on issues. All that the Court has to say on the subsequent writ petition is that it may not be possible to give such a certification. If the petitioner yet would like to chase his date of birth then he may seek his remedy in whichever forum he may be advised. The order of the learned Judge is not incorrect.

5. Dismissed.


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