RAVI S. DHAVAN AND ALOKE CHAKRABARTI, JJ.

( 1 ) THIS matter relates to a correction sought by the petitioner appellant, Pitamber Dutt Semwal in his service record, which if done, would permit recording of a change in his date of birth and give additional years in the service. The only question, which needs to be examined, is whether the contention of the petitioner appellant is bona fide as from the record. The Court has perused the order dated 1. 5. 1996 passed on the writ petition. i. e. , the Writ Petition No. 15319 of 1996. Pitamber Dutt Semwal a. State of U. P. and Others. The view of the learned Judge in the order, which has been challenged, is that U. P. Recruitment of Service (Determination of Date of Birth)Rules, 1974, in context, are in emphatic language and even an application or representation permitting correction of the date of birth does not lie and is not legally maintainable. There are two aspects of the matter. One is, when there is apparent injustice and the record indeed may have been recorded incorrectly, would a request to rectify the record be maintainable? The other is whether there is any impediment in the rule so as to make it so rigid that no application

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