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H. S. THANGKHIEW
Gagan Ch Kalita – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. challenge to birth date correction order (Para 1 , 2) |
| 2. petitioner's arguments regarding evidence (Para 3 , 4) |
| 3. respondent's counterarguments and objections (Para 5 , 6) |
| 4. court's analysis of procedural compliance (Para 8 , 9) |
| 5. legal reasoning and precedent for dismissal (Para 10 , 11) |
| 6. conclusion of the case (Para 12 , 13) |
JUDGMENT :
H. S. THANGKHIEW, J.
1. The petitioner by way of the instant writ petition, has put to challenge an order dated 22.11.2021, whereby a request for correction of his date of birth, in his service record from 12.04.1965 to 18.01.1969, has been rejected by the respondent No. 3 (Superintendent of Police, West Garo Hills).
2. The case of the petitioner is that, he had joined service on 01.07.1987, as a Fireman and came to learn about the incorrect entry as to his date of birth, only on 12.08.2020, which he maintains should have been recorded in his service book as 18.01.1969, instead of 12.04.1965. Thereafter, the petitioner had submitted a written application for change in the date of birth along with supporting documents, namely Birth Certificate issued on 25.03.2021, an affidavit dated 31.08.2021, and his High School Leaving Certificate
If there is good evidence to establish that recorded date of birth is erroneous, correction cannot be claimed as a matter of right.
Timeliness and procedural compliance are critical for corrections in service records related to date of birth under applicable regulations.
Applications for alteration of date of birth after five years should not be entertained, especially at the fag end of the service career, as per the notification and legal precedents.
Requests for correction of date of birth in service records made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
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