IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT

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ON THE 10 OF FEBRUARY, 2026 WRIT PETITION No. 5368 of 2014 SURESH KUMAR SHARMA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Shashank Indapurkar - Advocate for the petitioner.

Shri Sohit Mishra - Government Advocate for the respondent/State.

Ms. Nidhi Patankar - Advocate for respondent No.4.

ORDER This petition, under Article 226 of the Constitution of India, has been filed seeking the following reliefs:-

"7.1 That, direction may be issued to the respondent authorities to decide the representation submitted by the petitioner on 03.04.2014 on merits without going into the technicalities and accordingly his marksheet pertaining to the 11th class and supplementary marksheet which was issued may kindly be corrected.

7.2 That, thereafter, respondents No.2 and 3 may kindly be directed to take appropriate steps for correction of date of birth of the petitioner in his service book.

7.3 That, any other relief(s) to which this Hon’ble Court may deem fit may also be directed to be extended in favour of the petitioner in the interest of justice.

7.4 That, the cost of this petition be also awarded to the petitioner. 7.5 The impugned order Annexure P/7 may kindly be quashed being illegal and arbitrary."

2. Learned counsel for the petitioner submits that the petitioner was initially appointed on compassionate ground as Lower Division Clerk on 05.05.1990 in the office of the Project Officer, 'Project Karera, Shivpuri (M.P.). Thereafter, he was promoted on the post of UDC in the year 1997 and presently he is working as an Accountant in the office of respondent No.3. At the time of appointment, the petitioner submitted relevant documents before the authority in which he submitted the Higher Secondary marksheet as well as marksheets of Class 5th and Class 8th. It is further submitted that earlier petitioner appeared in the examination conducted by the Board of Secondary Education as a regular student in the year 1983 and at that time his date of birth was mentioned as 06.02.1965 but unfortunately he could not succeed in the said examination and his result was proclaimed declaring him as failed. Thereafter, the petitioner again appeared in the examination as a private student. At that time on account of certain technical mistake the marksheet issued by the Board of Secondary Education in the academic period March April, 1986, the date of birth of the petitioner was mentioned as 06.02.1964 but immediately thereafter when the objections were raised it was corrected by the Assistant Secretary, Board of Secondary Education, Bhopal in the marksheet itself.

3. It is further submitted by learned counsel for the petitioner that in that examination, the petitioner got supplementary and he appeared in the supplementary examination and in the supplementary examination on account of earlier technical mistake which was corrected by issuing marksheet Annexure P-3, was not rectified in the record, therefore, the supplementary marksheet was issued which is having the date of birth as 06.02.1964. Thereafter, on 04.09.1990, petitioner was appointed on compassionate basis and he has submitted marksheet of Higher Secondary Examination and other entire documents along-with his joining as per the requirement. On the basis of date of birth written in the supplementary marksheet, Annexure P/4, without considering the fact that it was wrong date of birth of the petitioner, it has been mentioned in his service record as 06.02.1964 and this fact was not informed to the petitioner. Thereafter, petitioner was discharging his duties continuously with utmost sincerity and devotion in Education Department. The petitioner was class III employee, therefore, he was not having any occasion to see his personal file/service book. In the year 2008, when on account of adding the increment some dispute was raised, therefore, the petitioner submitted an application before the higher a