The date of birth recorded in the High School certificate at the time of entry into government service is final for the purposes of service benefits, and no application for correction of the date of birth recorded in the service record can be entertained as per Rule 2 of the Uttar Pradesh Recruitment to Service (Determination of Date of Birth) Rules, 1974.

JUDGMENT :

1. Heard Sri Kailash Singh Kushwaha, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No.1 and 2 as well as Sri Rama Nand Pandey, learned counsel appearing for the Respondents No.3 and 4.

2. Petitioner through this writ petition has challenged the order dated 19.4.2023 passed by the District Basic Education Officer, Jhansi, whereby earlier order dated 25.3.2023 by means of which date of birth of the petitioner entered in service record was corrected, has been recalled and petitioner has been retired from service on the basis of her date of birth as 3.11.1960.

3. Facts of the case, in brief, are that petitioner in the year 1981 passed out examination of 8th Class from Jwala Devi Vidya Mandir, Kanpur and from there transfer certificate was issued wherein her date of birth finds mention as 3.11.1967. Thereafter, petitioner passed out her High School examination in the year 1983 and a provisional certificate was issued by Madhyamik Shiksha Parishad, Uttar Pradesh, wherein her date of birth finds mention as 3.11.1967.

4. Though in the provisional certificate of the High School examination issued to the petitioner her date of birth was recorded as 3.11.1967 but when she was issued marksheet and certificate of the High School examination, then in the said documents her date of birth was recorded as 3.11.1960. Petitioner initially met the Principal of Adarsh Balika Higher Secondary School, Kanpur and requested for correction of her date of birth in the High School marksheet and certificate but when nothing was done on his part, petitioner on 8.9.1997 submitted an application to Additional Secretary, Regional Office of Madhyamik Shiksha Parishad, U.P. Allahabad and thereby she requested for correction of her date of birth in the High School marksheet and certificate by replacing incorrect date of birth i.e. 3.11.1960 by 3.11.1967. Petitioner again submitted an application to Secretary, Madhyamik Shiksha Parishad, Allahabad on prescribed proforma on 20.3.1998, whereby she again requested for correction in her date of birth.

5. While the case of petitioner for correction of her date of birth was pending before Madhyamik Shiksha Parishad, U.P. Allahabad, she applied for appointment on the post of Assistant Teacher in district Auraiya and pursuant to her application she was appointed as Assistant Teacher in Primary School Suraidha, Block Eravan Katra, District Auraiya. Petitioner submitted her joining on her post on 7.1.2006. After joining of the petitioner her service book was prepared and on the basis of her date of birth recorded in the High School marksheet and certificate date of birth of the petitioner was recorded in her service book as 3.11.1960. Petitioner was transferred from district Auraiya to district Jhansi and service record of the petitioner was also transmitted to district Jhansi.

6. Petitioner continued to pursue her case for correction of date of birth before Madhyamik Shiksha Parishad, Uttar Pradesh, but the said case could not be finalized. Later on, Madhyamik Shiksha Parishad, Uttar Pradesh realized its mistake and corrected the date of birth of the petitioner by replacing 3.11.960 with 3.11.1967. The Madhyamik Shiksha Parishad, Uttar Pradesh issued the marksheet with correct date of birth to petitioner on 10.9.2021 and in the said marksheet correct date of birth of the petitioner finds mention i.e. her date of birth has been recorded as 3.11.967. The Madhyamik Shiksha Parishad, Uttar Pradesh also corrected the date of birth recorded in the High School certificate of the petitioner and issued fresh certificate. Petitioner after correction of her date of birth in the marksheet and certificate of the High School examination submitted an application on 25.7.2022 to the Block Education Officer, Chirgaon, Jhansi and thereby requested that her correct date of birt