The decision of the State Government to correct dates of birth in service books based on matriculation certificates was applicable only to those who had passed matriculation before their appointment.

N. P. Singh, J.–Petitioner has filed this application for a writ of mandamus directing the respondents to correct the entry in the service book of the petitioner relating to his date of birth on basis of his matriculation certificate and for quashing different ORDER :s passed by the respondents authorities rejecting the request of the petitioner for the said correction.

2. Petitioner was appointed as Literate Constable in the year 1950. In the service book, 1927 was mentioned as the year of birth of the petitioner. In February, 1962, petitioner appeared and passed the Matriculation Examination. In the matriculation certificate 6.1.1932 was mentioned as the date of birth of the petitioner.

3. In the year 1976, a decision was taken by the State Government to give an opportunity to the employees of the Police Department to get the dates of their birth mentioned in their service books to be corrected with reference to the dates of birth mentioned in the matriculation certificates. The aforesaid decision was communicated to the Inspector General of Police, Bihar, by a fetter dated 26.2.1976, issued by the Home (Police) Department. Pursuant to that decision petitioner filed an application on 26.7.1976 for correction of his date of birth mentioned in his service-book with reference to the date of birth mentioned in his matriculation certificate. That request was rejected by the authorities on the ground that petitioner had passed the Matriculation Examination while in service and as such the aforesaid decision of the State Government was not applicable to the petitioner.

4. On behalf of the petitioner it was urged that once a decision has been taken by the State Government to correct the entries in the service books of the different employees of the Police Department with reference to the date of birth mentioned in their matriculation certificates, the claim of the petitioner cannot be ignored merely on the ground that he has passed the Matriculation Examination after having joined the service. According to the petitioner, that will amount to discrimination without there being any rational basis for the same.

5. Counter affidavit has been filed on behalf of the respondents. In the said counter affidavit, it has been stated that at the time of appointment in the year 1950 petitioner himself gave 1927 as the year of his birth, on the basis of which entry was made in his Service Book. It has been asserted that petitioner has signed the said entry and has also given his thumb impression before the Commandant, R. P. F. It has been stated that the decision of the State Government in respect of correction of the dates of birth mentioned in the service books with reference to the matriculation certificates was applicable only to person who had passed the Matriculation Examination before their appointment.

6. In view of the stand taken by the respondents, the only question which has to be answered is as to whether the decision of the State Government regarding correction of the dates of birth mentioned in the service books of the police officers with reference to their matriculation certificates is applicable even to persons who have passed the Matriculation Examination after their appointment. From a bare reference to the communication dated 26.2.1976 it shall appear the State Government had received complaints from different police officers that, at the time of their a appointment entries in respect of the dates of birth were not made on the basis of the matriculation certificates, specially in cases of such officer who having passed the Matriculation Examination were appointed as Constable or Literate Constable. It further says that the State Government had taken a decision that in respect of police officers whose dates of birth have not been entered in the service books on the basis of the matriculation certificates, correction be made after getting their matriculation certificates verified from the concerned Universities. The releva