ORDER

Assailing the order dated 16.01.2024 passed by the learned Single Judge in dismissing Writ Petition No.19350 of 2021, the writ petitioner is in appeal.

2. The case of the writ petitioner is that she being widow lady was inducted in service on compassionate ground and was working on the post of Assistant Revenue Inspector in Municipal Council, Khirkiya, District Harda in lieu of her husband who died in the year 2014. The service book of the writ petitioner reflects her date of birth to be 01.02.1962, based upon the mark sheet of Higher Secondary School. She was made permanent vide resolution dated 01.11.2017 by the PIC, Municipal Council, Khirkiya. She was in possession of the mark sheet and other documents in which her date of birth was recorded and same were submitted to respondents/authorities. The authorities took note of the document i.e. mark sheet of Higher Secondary School and recorded the date of birth to be 01.02.1962 in the service book of the writ petitioner which was incorrect and the correct date of birth of the writ petitioner is 05.08.1966. She submitted an application before the respondent No.4 on 22.07.2021 for correction of her date of birth in the service book which was wrongly entered.

The writ petitioner has also submitted an affidavit and mark sheets of Class 5th, 8th, scholar register, income tax details, pan card, aadhar card etc. pointing out her date of birth to be 05.08.1966. The authorities failed to consider all the documents which were produced before them and rejected the claim of the writ petitioner for correction of date of birth in the service record vide order dated 28.07.2021. The same was assailed by filing a writ petition before writ court which has been dismissed by the impugned order dated 16.01.2024. The writ court dismissed the writ petition on the ground that the date of birth which has been recorded in the mark sheet of 12th has been entered into the service book.

The writ petitioner has failed to produce the mark sheet of high school certificate examination to ascertain the correct date of birth. The other aspect for dismissing the writ petition was that the change of date of birth has been requested at the fag end of her service career which is not permissible in view of the settled proposition of law. The order passed by the writ court has been assailed by the writ petitioner on the ground that the mark sheets of Class 5th and Class 8th, and other documents i.e. pan card, income tax details, scholar register of the school record etc. were not considered by the authorities. There was a typographical error made in the mark sheet of Class 12th which has resulted into reduction of four years of service.

3. The reasons for rejection of the case of the writ petitioner for change of date of birth in the service record was of two fold, first the same has been requested at the fag end of her service career. The other reason being that in the service record the date of birth has been recorded based upon the mark sheet of Class 12th. As per the settled proposition of law for ascertaining the date of birth the Board examination mark sheet of Class 10th is to be considered as a relevant document. The writ court has also observed this fact that the writ petitioner has failed to produce the mark sheet of Class 10th before the court. In this writ appeal also no such document i.e. mark sheet of Class 10th was brought on record by the writ petitioner. The writ petitioner himself admitted this fact that his date of birth has been wrongly mentioned in the mark sheet of Class 11th. No efforts have been made by the writ petitioner to get it corrected at any point of time during his schooling as well as his entire service career. The respondents cannot be at fault to record the date of birth based upon the board examination mark sheet of Class 12th which was submitted by the writ petitioner herself.

4. Learned counsel for the respondents have supported the impugned order and have argued that th