Bhagabati Prasad Banerjee, J.

The both the appeals have been heard together and disposed of by the following common judgment:

2. In these Full Bench Reference cases the following questions had been referred by the then Chief Justice N.P. Singh sitting with U.C. Banerjee, J. for determination. The said questions are as follows:

(a) Whether by reason of the language used, Rule 9(1) of the West Bengal Service Rules (Part-I) can be said to have a binding effect on the declarant;

(b) Whether it is open to the declarant to take recourse to Rule 9(5) of the above noted Service Rules to apply for correction or rectification of the above date of birth at a subsequent stage;

(c) Whether a declarant can be permitted to correct his age on the basis of his Matriculation Certificate which certificate the declarant failed to produce at the time of his appointment;

(d) Whether an analogy can be drawn from the fundamental rules providing for 'boy service' regularisation in the matter of correction of age;

(e) Whether it is the duty of the Law Courts to rely upon a document produced by an employee after a considerable period of time, though at the time of entry into the service his declaration runs