Applications for alteration of date of birth should be made within a specified period and cannot be entertained at the fag end of service, as established in Supreme Court rulings.

1. The prayer in the Writ Petition is to call for the records relating to the order of the third respondent in Proceedings in Na.Ka.No.16670/2000/Pa.I dated 211. 2000, quash the same and for a consequential direction on the respondents to alter the date of birth of the petitioner from 11. 1948 to 19. 1948.

2. According to the petitioner, at the time of filing of the Writ Petition, he was working as a Special Grade Forest Ranger at Coimbatore. He claims that his original date of birth is 19. 1948 and on that basis, he would retire from service on 30.9.2006. Since the petitioners parents wanted to admit the petitioner in a school at an early date, they had given his date of birth in the School as 11. 1948 and hence the petitioner would retire from service on 31. 2006.

3. It is his case that he entered service in the Forest Department as Forester in December 1973. He applied for alteration of date of birth within five years of his entry into service when he was working in Cuddalore Forest Division. The District Forest Officer, Cuddalore Division, Trichy Circle required certain details and the details were also furnished by him. But his personal file was missing and it could not be traced out and because of that, follow up action in this regard could not be taken. During 1982, the petitioner was promoted as Forest Ranger and since then he has been working in that post. At the time of his original request for alteration of date of birth, he was relying upon his horoscope. Subsequently he applied for Birth Certificate and the Sub Registrar, Mannarkudi gave a certificate to the effect that the petitioners correct date of birth is 19. 1948. Thereafter he made an application for alteration of date of birth on 212. 1997 to the third respondent, but the same was rejected by the third respondent by an order dated 211. 2000 under F.R.49 and hence this petition.

4. In the counter filed by the respondents, it is stated that the Writ Petition is not maintainable either on facts or on law. The petitioner has entered into service in December 1973 as Forester and as per F.R.49, an application for alteration of date of birth should be given within 5 years of entry into service. But the writ petitioner failed to make any application to the authority concerned within the stipulated period requesting for alteration of date of birth. Therefore, on this ground, the writ petition is liable to be dismissed.

5. It is also stated in the counter that the petitioner made an application in the year 1999 requesting the authority to alter the date of birth along with the certificate obtained from the Sub Registrar, Mannargudi dated 212. 1996. The said application was rejected by the third respondent in his proceedings in Na.Ka.No.16670/2000 dated 211. 2000. Therefore, the order impugned in this writ petition is valid and in accordance with the Rules and Regulations.

6. It is further stated in the counter affidavit filed by the respondents that the petitioner has not produced any documentary proof to show that he has made an application to the authority requesting to alter his date of birth and the Writ Petition is only an after thought and benefit of facts. Therefore, they prayed for dismissal of the Writ Petition.

7. I have heard the learned counsels on either side on the facts pleaded and also the submissions made.

8. The only contention of the petitioner is that the application was made within five years after the date of his joining service and therefore the rejection of the request of the petitioner is contrary to the Fundamental Rules. The said contention has been refuted by the learned counsel for the respondents stating that there is nothing on record to suggest that an application was made within the time as prescribed in the Rule 49 of the Fundamental Rules. If any application is made beyond the period prescribed, the respondents have no authority or power to entertain such an application for alteration of date of birth, as it may cause hards