Honble Dr. B.S. Chauhan, J.—This writ petition has been filed challenging the judgment and order dated 10.2.2005 (Annex. 5) passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter called the Tribunal) by which a direction has been issued by the learned Tribunal to change the date of birth of the applicant-respondent No. 1 (hereinafter called the applicant-respondent) from 1.3.1959 to 13.2.1962.

2. The facts and circumstances giving rise to this case are that applicant-respondent filed an Original Application before the Tribunal seeking a direction to the respondent-petitioner to make the aforesaid correction in his date of birth on the ground that he was born in St. Stephens Hospital, Tis Hazari, New Delhi on 13.2.1962, however, his date of birth had been recorded as 1.3.1959 in matriculation certificate in view of the entries made in the Scholars register on the basis of information given by his grandfather at the time of his admission in the school. The Central Board of Secondary Education (hereinafter called the CBSE) issued a certificate in 1975 showing the date of birth of the applicant-respondent as 1.3.1959. He appeared in the Civil Services (Mains) Examination - 1983 wherein he mentioned in his application form that his actual date of birth was 13.2.1962. He was selected and appointed to Indian Administrative Service (hereinafter called the IAS) in the year 1984 and allocated the State of Uttar Pradesh. After completion of probation period, he made a representation on 7.8.1987 for correction of his date of birth, followed by a reminder dated 24.12.1987. The said representation was rejected by the Government of India vide order dated 22.4.1988 and the same was communicated to the applicant-respondent on 7.10.1989. The applicant-respondent made another representation dated 26.9.1990 seeking correction of his date of birth. As the said representation was not dealt with, he filed the Original Application No. 522 of 1991 before the Lucknow Bench of the Tribunal, which was later on transferred to the Allahabad Bench and registered as Original Application No. 54 of 1999. In the meanwhile, the applicant-respondent filed Civil Suit No. 870 of 1993 in the Court of Munsif, Azamgarh for declaration that his correct date of birth was 3.2.1962. The sole defendant therein CBSE did not enter appearance. The Civil Court passed an ex parte judgment and decree dated 6.1.1994 declaring that his correct date of birth was 13.2.1962 and not 1st March, 1959. The CBSE was directed to make necessary amendment/correction in the certificate. The CBSE filed an application under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter called the CPC) for setting aside the ex parte decree, however, the said application was rejected vide order dated 2.2.1996. Against the said order, a revision was preferred by the CBSE which was also dismissed by the VIIth Additional District Judge, Azamgarh vide order dated 6.12.1996 and, in pursuance thereof, appropriate corrections had been carried out by the CBSE. Therefore, applicant-respondent was entitled for the benefits of the said Civil Courts decree.

3. The Union of India contested the application on various grounds, inter-alia, that the said judgment and decree of the Civil Court, Azamgarh was not binding on it as the Union of India was not a party to the Suit; the said applicant-respondent had passed all the examinations, i.e. Higher Secondary, MBBS in 1975 and 1980 respectively showing his date of birth as 1st March, 1959. The applicant-respondent appeared in the Combined Medical Services Examination-1981 and was selected, however, he did not join the service. He was selected and appointed in Indian Police Service (hereinafter called the IPS) in 1983 on the basis of Civil Services Examination-1982 and thereafter, he was selected and appointed in Indian Administrative Service (hereinafter called the IAS) in 1984 on the basis of the Civil Services Examination-19