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1985 Supreme(Pat) 82

S.B.SANYAL
Uma Das Gupta – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: M/s B. C. Ghose, S. K. Ghose and S. Das.
For the State: Mr. Ratan Prasad Sinha, (J. C. to A. G.).

JUDGMENT :

Satya Brata Sanyal, J. - The short point in this writ petition is whether it was open to the respondents to change or alter the date of birth of the petitioner, being 9.4.1930, once accepted by the respondents in the year 1964 at the time of appointment, to 24th May, 1922 without giving an opportunity to the petitioner. The impugned communications are Annexures 1 and 13 dated 26.4.80 and 27.5.80, respectively, which are sought to be quashed. The writ petition has been filed on 17.7.80.

2. The petitioner claims that her date of birth is 9.4.1930 and it was so recorded at the time of her appointment on the 25th of February, 1964. On 1st February, 1978, the Inspectress of Schools called for the Service Book of the petitioner (Annexure 8). On 14th March, 1978, the Inspectress of Schools enquired (Annexure 7) from the Principal as to why the date of birth of the petitioner had been changed from 9.4.1930 to 24.5.1922. The Principal replied on 1.9.1978 (Annexure 9) that no document was available to the change of age of the petitioner in service book. On 1.9.1978 the petitioner enquired from the Inspectress of Schools as to why her date of birth in the service record had been temp











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