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1985 Supreme(Pat) 88

SANDHAWALIA
Malti Rohtgi – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: Messrs Basudeo Prasad, Anil Kumar, Navin Sinha and Sunil Kumar. For the State :Messrs K.P. Verma, Advocate General, and Banwari Sharma, junior Counsel to Advocate General

JUDGMENT

S.S. SANDHAWALIA. C. J.

A difference of opinion betwixt the learned Judges constituting the Division Bench has necessitated this reference. Since the divergence of views extended to all points of fact and law (as stands noticed by them in their order no.13 dated the 20th of February, 1984), the Hon'ble Judges did not deem it necessary to formulate the difference specifically.

2. The facts stand already recounted in considerable detail in both of the exhaustively separately recorded judgments. Nevertheless, to maintain the homogeneity of this judgment, it becomes necessary to give the factual matrix thereof. These have been marshalled in so admirable a manner by Uday Sinha, J. that the recapitulation thereof can not be improved upon. Even at some risk of plagiarism I would with to virtually quote them verbatim

“The petitioner has moved this Court for issuance of a writ of mandamus commanding the respondents to correct the date of birth of the petitioner in the Civil List of the Appointment Department so as to accord With the correction in the date of birth of the petitioner corrected by Health Department Notification No.701 (2) 2M 3-20386/69 dated 13- 2-1971 and from disturbin






















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