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2001 Supreme(P&H) 345

R.S.MONGIA, K.C.GUPTA
Amar Nath – Appellant
Versus
State Of Haryana – Respondent


Judgment

R.S.Mongia, J.

1. Written statement on behalf of respondent Nos. 2 to 6 filed in Court. Taken on record. Copy furnished to the counsel for the petitioner.

2. The controversy which arises in this case is as to whether the date of birth of the petitioner is 11.3.1943 or 11.3.1948. Normally, this Court does not enter into such controversy and leave it to the person claiming a different date of birth to get the same settled from a Civil Court. However, in case there is uncontroverted evidence, which on the face of the record shows a particular date of birth, we see no harm in exercising our jurisdiction under Articles 226/227 of the Constitution of India.

3. In the present case, when the petitioner entered into service, he is stated to have given a certificate duly attested by the Principal, H.A.V. Inter College, Saha-ranpur, dated 10.12.1969 which showed his date of birth as 11.3..1948. Petitioner has placed on record a photostat copy of the same which certificate was attested by a particular S.D.O. who had made entries in the service book of the petitioner. In the service book, the date entered is 11.3.1943. No doubt, the service book is signed by the petitioner himself. The




























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