S.J. Mukhopadhaya, A.C.J.

1. This application has been preferred by the petitioner for direction on the respondents to correct the date of birth as per Matriculation (Secondary) Certificate.

2. According to the petitioner, his date of birth has been wrongly recorded in the Service Book, which is not in accordance with the date of birth as recorded in the Matriculation (Secondary) Certificate.

3. According to him, he having passed the Matriculation (Secondary) Examination prior to his appointment, in the year 1968, his date of birth should have been recorded on the basis of date of birth as recorded in the said Certificate.

4. In this connection, he has placed reliance of the decision of the Patna High Court in the case of Radhe Shyam Singh v. State of Bihar, reported in 2001 (1) PLJR 451.

5. From the judgment aforesaid, it appears that the State of Bihar issued guidelines in the year 1976 calling for applications from the Constable who passed Matriculation examination so as to correct the date of birth as per Matriculation (Secondary) Certificate. It was allowed in some of the cases, but disallowed in other cases on the ground of delay, in the case of Ram Sobhit Rai v. State of Bih