Kailash Malakar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13438 of 2017 ====================================================== Kailash Malakar, Son of Late Jageshwar Malakar, Resident of Village- Tema Bhela, Police Station- Gwalpara, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

The Director, Primary Education, Education Department, Bihar, Patna. 3.

The District Education Officer, Madhepura.

4.

The District Programme Officer (Education), Madhepura. 5.

The Block Education Officer, Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Respondent/s :

Mr.Madhaw Pd. Yadav-Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the respondents.

The date of birth of the petitioner was entered as 06.03.1959 in the service book, whereas the Matriculation certificate indicates that the date of birth of the petitioner is 11.01.1958.

Since the petitioner was appointed in 2006, much after passing of Matriculation examination, date of birth of the petitioner entered in Matriculation certificate is considered as most authentic document.

The date of birth entered in the service book runs

Patna High Court CWJC No.13438 of 2017(2) dt.18-02-2020 2/2 contrary to the Matriculation certificate and as such the writ petition is disposed of with a direction to the respondents to make necessary correction in the service book of the petitioner on the basis of date of birth entered in the Matriculation certificate.

Necessary decision in this regard must be taken by the respondents within a maximum period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U