A belated application for correction in the date of birth is not liable to be entertained, and the timing of the application for correction is crucial.

Ashwani Kumar Mishra,J.

This petition is directed against an order dated 29.10.2015, whereby petitioner's application moved for correction in his date of birth has been rejected. The order under challenge records that an application for correction in the date of birth could be moved within a period of five years in view of the circular issued by the head office on 20.1.2001 and 22.9.1994 and filing of an application much thereafter is not liable to be entertained.

2. Learned counsel for the petitioner submits that petitioner was not aware about incorrect date of birth recorded in his service records, and only when he came to know of it that an application for correction has been moved.

3. Sri Anuj Srivastava, learned counsel appearing for the respondents submits that the service book, which has been annexed alongwith writ petition has been signed by the petitioner himself, and therefore, absence of knowledge about incorrect entry cannot be alleged.

4. Although this Court finds that the date of birth, which is sought to be incorporated by way of correction is the same, which has been mentioned in petitioner's high school certificate, but it cannot be denied that the petitioner entered into the service in 1977 and such an application for correction filed after decades together is grossly barred by latches. In terms of the circulars applicable, petitioner could have moved an application for correction within a period of five years. Even otherwise, law is settled that belated application for correction in the date of birth is not liable to be entertained. Even under the provisions of U.P. Recruitment Service (Determination of the Date of Birth) Rules, 1974, entry in the service book would be treated to be the date of birth recorded.

5. Learned counsel for the petitioner has relied upon a Division Bench judgment of this Court in Special Appeal Defective No.160 of 2016, dated 29.2.2016, in order to contend that high school certificate is liable to be taken into consideration. There cannot be any quarrel on this proposition, but the question relevant for consideration in the facts and circumstances of the present case is as to what is the stage when such an application for correction could be moved. It cannot be insisted upon by the petitioner that at any point of time such an application could be moved.

6. In view of the aforesaid discussions, I am of the opinion that a belated attempt on part of the petitioner to seek correction in his date of birth was not liable to be entertained and the order of Regional Manager, consequently, does not suffer from any infirmity or illegality in the eyes of law.

Writ petition, consequently, fails and is dismissed.