Brahma Ramani @ Rabbani vs J.S.E.B. and Others

S.J. Mukhopadhaya, J.—From the Annexure 4, a photo copy of the service book, it appears that the date of birth of petitioner was recorded as 5th January, 1953 but it was subsequently struck off and made 24 years as on 19.12.1977. Again another date of 1st May. 1953 shown and struck off in the left hand side of the service book (Annexure 4). The date of birth was shown as 23rd May, 1953 as per school leaving certificate.

From the impugned order contained in letter No. 806 dated 15.4.2000, it appears that there being different date of birth recorded one after another an Apex Medical Board was constituted and petitioner was examined in the year 1999. The Apex Medical Board assessed the age of petitioner as 55 years as on 29th November, 1999 and the date of birth was assessed and recorded as November, 1944, this Court finds no illegality and the Court cannot sit in appeal over such assessment.

It may be mentioned that the certificate enclosed by petitioner as Annexure 1 issued by the Medical Officer is to be ignored being mere assessment by a Medical Officer not based on any ossification test or report of any Board of doctors.

The writ petition is dismissed.

Writ petition dismissed.