P.S. Mishra, J.

The petitioner herein has prayed for quashing the order contained in annexure ‘3’, by which his representation for correction of entry of age in the service book has been rejected, and for a mandamus to correct the said entry in accordance with the age recorded in the Matriculation certificate (annexure-2).

2. The petitioner entered into the police establishment of the State of Bihar as a constable on 8.11.1951. In the service book prepared at that time, he was shown to have been born in the year 1927. Since he had not passed the Matriculation examination or any other equivalent examination, in the column for the said purpose he was shown as a non-matriculate. According to the petitioner he had already appeared as a regular student of H.E. High School, Jamorhi in the district of Bhojpur in the matriculation examination conducted by the Patna University in the year 1950. In the admit card of the said examination his date of birth was shown as born an 1.4.1932, The examination was held from 1.2.1950, but he failed to qualify. In the mean while recruitment to the police establishment in the constabulary was made on 8.10.1951. He applied and was selected. After entering into the service, however, he completed matriculation examination in the year 1960 and passed the examination conducted by the Bihar Secondary School Examination Board (which had succeeded the Patna University) in the second division. In the certificate of the said examination his date of birth was shown as 1.4.1932. He however, continued to serve in different capacities and in due course became a Sub-Inspector of Police. While he was working as a Sub-Inspector of Police, the Government of Bihar in the Home Department issued a circular dated 26.2.1976. The said circular stated, inter alia, that it was noticed that date of birth of the police officials were wrongly recorded in the service book in the cases in which mass recruitments were made. It also stated that the officials, who possessed matriculation certificate, showing the date of birth, could apply within one year from the said circular and get the wrong entry of the date of birth corrected. According to the petitioner he could not however, apply within the stipulated period in the said circular, as he was at a Muffassil station, where he could not know about the Government’s decision dated 26.2.1976. But when he came to know about it, he applied to the Superintendent of Police, Rohtas, who having looked into the certificate produced by him and the service book, vide D.O. No. 111/82 dated 21.1.1982 ordered for the correction of the petitioner from 1927 to 1.4.1932. The said order of the District Superintendent of Police, however, was cancelled by the Deputy Inspector General of Police, vide D.O. No. 798/1983 dated 29.4.1983.

3. The petitioner made a representation on 26.10.1983 praying for restoration of the order by which the entry of age in the service book had been corrected, on the ground, inter alia, that his date of birth as shown in the matriculation certificate was the correct date of birth and the service book was showing a wrong date of birth.

4. The Superintendent of Police, however, referred the representation of the petitioner to the Deputy Inspector General of Police (Administration) which was eventually placed before the Inspector General of Police, Bihar and the Inspector General on 31.1.1984 rejected the petitioner’s representation stating that there was no provision for making a correction in the service book on the basis of the matriculation certificate obtained after entering the service. Following the said order of the Inspector General of Police, the petitioner was served with a notice of retirement from service with effect from the afternoon of 1.7.1985.

5. The petitioner moved this Court in C.W.J.C. No. 7843 of 1985, praying therein that the order of Director General of Police be quashed. The said writ application, however, was dismissed in limine. The petitioner th