IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI st ON THE 21 OF JANUARY, 2026 WRIT PETITION No. 1612 of 2026 NANURAM Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Sourabh Kumar Soni - Advocate for the petitioner.

Ms. Aishwarya Singh-Dy.G.A. appearing on behalf of Advocate General.

ORDER This petition has been filed seeking correction in date of birth in petitioner's service record. Counsel contends that the petitioner has moved a representation seeking correction in date of birth. The date of birth of the petitioner is recorded in the service record as 01/08/1966 and according to counsel petitioner's correct date of birth is 20/02/1968, therefore, considering the said date of birth which is mentioned in the other documents of the petitioner, like Voter ID, Driving License Etc. corrections be carried out.

2. Having considered the submissions and perusal of the record, reflect that the petitioner is seeking decision on representation contained in Annexure P/4 which has been submitted by the petitioner on 16/01/2024. A perusal of the service book reflects that in the service book, date of birth of the petitioner is mentioned as 01/08/1966 and there exists no other documents on record to demonstrate that during the service period, the petitioner ever made any effort to dispute the entry made in the service book. Thus, at this stage he is precluded from questioning the same in the light of the decision of the Apex Court in the case of Bharat Coking Coal Limited and Ors. Vs. Shyam Kishore Singh reported in (2020) 3 SCC 411, wherein the Apex Court has held in paragraphs 9,10,11 as under:

"9. This Court has consistently held that the request for change of the date of birth in the service records at the fag end of service is not sustainable. The learned Additional Solicitor General has in that regard relied on the decision in State of Maharashtra v. Gorakhnath Sitaram Kamble [State of Maharashtra v. Gorakhnath Sitaram Kamble, (2010) 14 SCC 423 : (2011) 2 SCC (L&S) 582] wherein a series of the earlier decisions of this Court were taken note and was held as hereunder : (SCC pp. 428-29, paras 16-17 & 19)

“16. The learned counsel for the appellant has placed reliance on the judgment of this Court in U.P. Madhyamik Shiksha Parishad v. Raj Kumar Agnihotri [U.P. Madhyamik Shiksha Parishad v. Raj Kumar Agnihotri, (2005) 11 SCC 465 : 2006 SCC (L&S) 96] . In this case, this Court has considered a number of judgments of this Court and observed that the grievance as to the date of birth in the service record should not be permitted at the fag end of the service career.

17. In another judgment in State of Uttaranchal v. Pitamber Dutt Semwal [State of Uttaranchal v. Pitamber Dutt Semwal, (2005) 11 SCC 477 : 2006 SCC (L&S) 106] relief was denied to the government employee on the ground that he sought correction in the service record after nearly 30 years of service. While setting aside the judgment [Pitamber Dutt Semwal v. State of U.P., 1999 SCC OnLine All 1610 : 2000 All LJ 2341] of the High Court, this Court observed that the High Court ought not to have interfered with the decision after almost three decades.

19. These decisions lead to a different dimension of the case that correction at the fag end would be at the cost of a large number of employees, therefore, any correction at the fag end must be discouraged by the Court. The relevant portion of the judgment in Home Deptt. v. R. Kirubakaran [Home Deptt. v. R. Kirubakaran, 1994 Supp (1) SCC 155 : 1994 SCC (L&S) 449] reads as under : (SCC pp. 158-59, para 7)

‘7. An application for correction of the date of birth [by a public servant cannot be entertained at the fag end of his service]. It need not be pointed out that any such direction for correction of the date of birth of the public servant concerned has a chain reaction, inasmuch as others waiting for years, below him for their respective promotions are affected in this process. Some a