Point of Law: Service Law – Retirement - Correction of date of birth - Deprecating any attempt to change date of birth by an employee at the fag-end of his service - Such change or correction is permissible only under extra ordinary circumstances when there is apparent miscarriage of justice.

JUDGMENT :

A very common issue is the subject matter of dispute in this present writ petition. The issue is regard to an attempt on the part of the employee to change his date of birth in the service record on the verge of his retirement. Though the law is well settled on this issue, an independent ground is sought to be made out, namely, by bringing the instance of the elder brother of the petitioner, who would continue to the government service even after the petitioner retires from his service. The aforesaid ground needs to be dealt with by answering the issue in hand.

2. For the sake of convenience, the brief fact of the writ petition may be narrated in the following manner:

3. It is the case of the petitioner that he had passed the HSLC examination in the year 1982 from the Dharamtul Govt. Aided High School, followed by Pre-University examination in the year 1984 and BA in 1987. He was appointed in the Assam Secretariat in the year 1982 (later on orally rectified to be 1992) and is presently working as the Under Secretary, PWD (B). The petitioner claims that his date of birth was wrongly recorded in the HSLC Admit Card, HSLC Pass Certificate as well as in the Service Book as 28.11.1963 while his actual date of birth is 28.11.1966. As per the recorded date of birth, the petitioner would retire from service on attaining the age of superannuation in November, 2023. The petitioner claims to have filed applications under the Right to Information Act, 2005 (RTI) before the Inspector of School, Morigaon, seeking information regarding his date of birth. After long duration, the Head Master of the Dharamtul Govt. Aided High School issued a certificate 31.05.2019 that the date of birth of the petitioner is 28.11.1966.

4. The principal basis to bring home the submission regarding the incorrect recording of date of birth of the petitioner is that the date of birth of his elder brother, Shri Dimbeswar Das is 01.01.1964 and this fact is also certified by a certificate issued by the Gaonburah of the concerned circle. It is argued that when the age of his elder brother is 01.01.1964, the date of birth of the petitioner could not have been 28.11.1963. Since, as per the petitioner, his date of retirement would be wrongly calculated, he has approached this Court for a direction to correct his date of birth from 28.11.1963 to 28.11.1966 in the Admit Card and HSLC Pass Certificate of the year 1982 and consequently, make necessary correction in the Service Book so that his date of retirement is correctly calculated.

5. The Board of Secondary Education, Assam (SEBA) has contested the writ petition by filing an affidavit-in-opposition dated 18.02.2020. It has been stated that the date of birth of the petitioner was entered as 28.12.1963 on the basis of the particulars of statement submitted by this school authorities and such particulars are not recorded from any candidate. It has further been stated that correction of date of birth has to be done within three years from the date of commencement of the examination and in this connection, the Head Master of the School has no right to make any corrections thereafter. It has also been stated that it is only on 30.12.2019 i.e., after expiry of 37 years that the petitioner has approached the SEBA for such correction.

6. The Head Master of the School, who is arrayed as the respondent no. 5, has also filed an affidavit-in-opposition on 12.08.2020. In the said affidavit, it has been stated that due to poor maintenance of record and also due to passage of a long period, the entries in the Admission Register were not found distinct and the same was found overwritten. The Head Master, however has given a personal opinion that the date of birth of the petitioner cannot be prior to the date of birth of his elder brother.

7. I have heard Shri MU Mahmud, learned counsel for the petitioner as well as Shri TC Chutia, learned Standing Counsel, SEBA, whereas the Education Department is represented by Shri R Mazumdar, lea