The court emphasized the importance of admissible evidence in determining an individual's date of birth and held that arbitrary alteration of date of birth without such evidence is illegal.

1. The petitioner prays for issuance of a Writ in the nature of Mandamus, directing the respondent to permit the petitioner to continue in service till attaining the age of superannuation.

2. The petitioner joined in Pondicherry Corporation for Development of Woman and Handicapped Persons Ltd as Anganwadi Helper. She was later absorbed on the post as Women Development Worker vide order dated 25.5.2005.

3. At the time of joining the service, the petitioner produced affidavit attested by Notary Public, showing her date of birth as 13.4.1958. However, while regularising the service of the petitioner, the respondent directed the petitioner to furnish the original birth certificate.

4. In pursuance to the direction issued by the respondent, the petitioner applied to Chidambaram Municipality for issuance of Birth Certificate. On the failure of Municipality to issue birth certificate, the petitioner filed a suit in the Chidambaram Court, and it was pursuant to the direction issued by the Civil Court in C.C.No.3721 of 2005, that Birth Certificate, under the provisions of Registration of Births and Deaths Act, was issued to her, showing her date of birth as 13.4.58, as originally disclosed by the petitioner.

5. On the receipt of the Birth Certificate, the petitioner was issued the Identity Card by the respondent No.1, wherein, again her age was shown as 13.4.58. The petitioner therefore is to attain the age of superannuation on 13.4.2018.

6. It is the case of the petitioner that in the year 2009, the petitioner applied for Cooperative Loan, therefore requested to issue pay certificate. On receipt of pay certificate, the petitioner was shocked to note, that her date of superannuation was shown as 30.11.2011. The petitioner, therefore, immediately filed representation with the respondent for correction of her date of birth in accordance with the particulars submitted by her at the time of appointment, coupled with the Birth Certificate submitted to the respondent in the year 2005.

7. No action was taken on the representation filed by the petitioner. The petitioner, therefore, approached this Court with a prayer as referred above, on the ground that it was not open to the respondents to change the service record by changing the date of birth as recorded at the time of entry to service and as shown in the identity card at the back of the petitioner.

8. The writ petition is opposed by the respondent on the ground that inspite of direction issued to the petitioner, she had failed to produce the Birth Certificate, therefore, the petitioner, along with similarly situated persons, were directed to approach the Health Department in April 2006 for determining the age of the employees. The stand of the respondent that birth certificate was not furnished cannot be accepted, as it cannot be believed that petitioner after getting birth certificate after filing civil suit will not submit the certificate to respondent No.1. Further more, no explanation except, that identity card is not signed, is forthcoming for issuance of identity card showing correct date of birth.

9. It is the case of the respondent that the Director of Health and Family Welfare Services, Puducherry had informed the respondent that the medical certificate of age cannot be accurate, above the age of 18 as by that time the bone development is complete. It was also disclosed by Director, Health Department to the respondent, that the medical certification of age is essentially dependent on bone development therefore, any certificate of age by a Medical Officer for the persons above the age of 18 cannot be substantiated by medical investigation. Inspite of this, the Department took steps to constitute a Committee for the determination of the age of those helpers by associating two doctors as its members.

10. Accordingly, the age of the petitioner was recorded based on the report of the Committee coupled with the Voter ID Card, Ration Card as well as physical appearance w