Nagarajan v. The Honble High Court Calcutta And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/418/2024 Nagarajan Vs.

The Honble High Court Calcutta and Others Mr. K. Vijay Kumar ... for the Petitioner Mr. Md. Sharuk ... for the respondents (On behalf of Mr.Md. Tabraiz) November 11, 2024 (Bithika) Item No.5 1.

The writ petitioner is aggrieved with the memo dated 17.08.2017 as issued by the Registrar, Circuit Bench of Calcutta High Court at Port Blair whereby and whereunder the prayer of the writ petitioner for change of date of birth in his service record was not acceded with.

2.

In course of hearing Learned Advocate for the writ petitioner submits before this Court that from the birth certificate as issued by the Registrar of Birth and Death it would reveal that the date of birth of the writ petitioner is 02.12.1978, however mistakenly that actual date of birth was not recorded correctly in the certificate issued in connection with the All India Secondary School Examination 1994 by the Central Board of Secondary Education where the date of birth was recorded as 02.12.1977 instead of 02.12.1978.

3.

It is submitted that since the writ petitioner's parents were illiterate the discrepancy as pointed out herein was noticed at a later stage and immediately thereafter the writ petitioner approached the Registry, Circuit Bench of Calcutta High Court at Port Blair to correct his actual date of birth in the service book.

4.

Learned Advocate for the writ petitioner placed his reliance to the office memo dated 16.12.2014 as issued by Govt. of India in this regard.

5.

While opposing Learned Advocate for the Respondent Authority submits that the aforementioned office memo dated 16.12.2014 is not in favour of the writ petitioner. It is submitted that as per office memo dated 16.12.2024 the date of birth as recorded in the High School Certificate or Secondary School Certificate is regarded as correct date of birth. It is submitted further that inordinate delay in making the application for correction of the date of birth has not been properly explained, especially when the writ petitioner is sufficiently educated and in his application for appointment he has declared the date of birth as 02.12.1977 and not 02.12.1978.

6.

On perusal of the entire materials as placed before this Court and after giving a careful consideration over the submissions of the Learned Advocate for the contending parties, it reveals that the relevant office Memo dated 16.12.2014 as issued by the Union of India declares that

the date of birth in Secondary School Certificate is regarded as correct so far the date of birth of a Govt. servant is concerned.

7.

In the said Rules there is a reference of Supreme Court Judgment namely, Union of India and Vs. Harman Singh as passed in Civil Appeal No. 502/1993 dated 09.02.1993 wherein it has been observed as follows:- 'Inordinate and unexplained delay or laches on the part of the respondent to seek the necessary correction would in any case have justified the refusal of relief to him. His inaction for all this period of about thirty five years from the date of joining service, therefore precludes him from showing that the entry of his date of birth in service record was not correct".

8.

It appears to this Court that the present writ petitioner is sufficiently educated. In his application for appointment he has declared his date of birth in conformity with the date of birth as recorded in his Secondary School Certificate. No plausible explanation has been given on the part of the writ petitioner as to what prompted him to approach the Learned Registrar to correct the date of birth at later stage. This Court thus finds no reason to interfere with the Memo dated 17.08.2017 as issued by the Learned Registrar, Circuit Bench at Calcutta High Court at Port Blair.

9.

The writ petition is devoid of merit and is thus dismissed.

10.

There shall be however, no order as to costs. 11.

Urgent photostat certified copy of this order be supplied to the Learned Counsel appearing for the respective parties upon compliance of usual formalities (Partha Sarathi Sen, J.)