Bombay High Court
Sanjay Sursing Deore vs The State Of Maharashtra And ... on 25 June, 2021
Bench: S.V. Gangapurwala, M. G. Sewlikar
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6743 OF 2021
Sanjay S/o Sursing Deore Petitioner
Versus
The State of Maharashtra & others Respondents
Mr. P.B. Patil(Borse), Advocate for the petitioner.
Mr. S.G. Karlekar, AGP for respondents No. 1 to 5.
CORAM : S. V. GANGAPURWALA &
M. G. SEWLIKAR, JJ.
DATE : 25th June, 2021.
PER COURT :
1. Mr. Patil, learned counsel for the petitioner submits that
respondents No. 4 and 6 be directed to alter and correct the date of
birth of the petitioner as 15.10.1965 instead of 01.06.1964. Learned
counsel for the petitioner further submits that the petitioner entered
into service in the year 1991. Subsequently, in the year 2017, the
petitioner had been to his maternal uncle's village to meet his
maternal uncle and during family gossip, his maternal uncle told him
that petitioner was born in the year 1965 at Roje village. Petitioner
told his uncle that his date of birth is recorded as 01.06.1964 in the
Primary School Leaving Certifcate. But his uncle confdently told
the petitioner that he was born in 1965.
2. The petitioner initially approached respondent No. 5 and
submitted application in October 2017 for issuance of his birth
certifcate. After scrutiny of birth and death record of Roje village,
the offce of respondent No. 5 issued true copy of the birth certifcate
to the petitioner on 16.10.2017. In the said certifcate, the date of
birth of the petitioner is clearly recorded as 15.10.1965. Upon
obtaining the correct birth certifcate, petitioner approached
respondent No. 6 Head Master on 19.03.2019 for correction of his
date of birth in the school record. Petitioner also submitted
application with respondent No. 4. Respondent No. 4 orally refused
to decide the application for alteration of date of birth of the
petitioner. According to learned counsel for the petitioner, the date of
birth of petitioner is required to be changed.
3. We have also heard learned AGP for the respondents.
4. The petitioner had joined service with respondent No. 6
in the year 1991. Petitioner, after a long slumber of 28 years, has
fled an application for correction of date of birth in his service
record.
5. In the present case, we would not have much concern
with the correct date of birth of the petitioner. The question would be
whether petitioner at the fag end of his service after 28 years should
be allowed to change his date of birth. The date of birth recorded in
the school record of the petitioner is 01.06.1964. The same date of
birth is recorded in all the documents including his service book.
The date of birth in the service book is recorded as per the
representation of the petitioner. It cannot be said that a mistake was
caused in recording the date of birth in the service book.
6. The petitioner may not get beneft of the birth certifcate
issued under Birth and Death Registration Act, 1969. Presumption
will apply to the said certifcate only and only if the entry taken
therein is in consonance with the rules and provisions of the Birth
and Death Registration Act, 1969. Said details are lacking in the
birth certifcate produced by the petitioner. In the absence such
details, presumption cannot be attached to it. Reliance can be placed
on a decision of Division Bench of this Court in the case of
Gangadhar S/o Gonduram Tadme v. Trimbak S/o Govindrao Akingire
and others reported in 2005(1) Mh.L.J. 94.
7. It is trite that if at all bonafde mistake has occurred in
recording the date of birth of a candidate/employee in the service
book, then within reasonable time, application is to be made for
correction. As per rules, said application is to be made within fve
years. Petitioner in the present case has made application for
correction after 28 years and that too when the petitioner is at the
fag end of his service career.
8. Reliance on the judgment of the Apex Court in the matter
of Narinder Kaur vs. Punjab and Haryana High Court and others
reported in 2011 AIR SCW 1288 would be of no avail to the petitioner.
Said judgment, on the contrary, holds that the application should be
made within a period of two years from the date of entry to the
Government service. Said matter had arisen under the Haryana
Civil Services Rules. Under Maharashtra Civil Services Rules,
application for correction of date of birth has to be made within fve
years from the date of entry in service . Alteration of date of birth of
petitioner at this fag end of service will also adversely affect the other
persons waiting below him in the seniority list. For this reason, the
Statute and the rules require the application for correction of date of
birth to be made within a stipulated period.
9. In the light of above, writ petition is dismissed. No costs.
( M. G. SEWLIKAR ) ( S. V. GANGAPURWALA )
Judge Judge
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