Dayamoy Mondal vs State Of West Bengal & Ors

The Writ Petition has been appearing in the list for several days and had to be adjourned from time to time due to non appearance of the respondents. Despite service, none appears on behalf of any of the respondents even today. In such circumstances the writ petition is taken up in their absence.

The writ petitioner says that, he had been appointed as night guard in Bishurpukur High School, P.O- Bishannagar, Dist.- Murshidabad (hereinafter referred to as the 'said school') with effect from 1st February, 1978 pursuant to an application made by him. Subsequently, after several round of litigation the writ petitioner has been appointed as Class IV Non-Teaching Staff in the said school. In his appointment letter as Class IV Non-Teaching Staff, his date of birth is shown as 22nd June, 1950, whereas he claims that his date of birth is 26th June, 1961.

In the instant writ petition, the writ petitioner seeks correction of his date of birth from 22nd June, 1950, to 26th June, 1961. He has annexed to the writ petition a photo copy of the letter said to have been issued by the said high school to the Head Master Sahajadpur Sarbagan High School, P.O.-Basudevkhali, Dist.-Murshidabad by which the said school requested Sahajadpur Sarbagan High School to verify the genuinity of the transfer certificate in connection with the writ petitioner. The said letter was dated 8th June, 1998. By a letter dated 9th June, 1998, the said Sahajadpur Sarbagan High School certified that the writ petitioner is a ex-student of the said school and had been duly promoted to Class-(IX). The date of birth of the writ petitioner according to Sahajadpur Sarbagan High School is 26th June, 1961. Relying upon these two documents the writ petitioners prays for passing of necessary direction for correction of his date of birth.

The said two documents relied upon by the writ petitioner are photo copies. It is also not clear as to how the writ petitioner came to possession of such documents, neither of which appears to have been addressed to the writ petitioner or a copy marked to him. It also appears from the photo copy of the appointment letter by which the writ petitioner was appointed as a night guard in the said school, the writ petitioner was below the age of eighteen if his date of birth is 26nd June, 1961.

On the basis of the photo copies of the two letters and in absence of the application made by the writ petitioner for being appointed as Night Guard in the said school being produced it is not possible for the Writ Court to adjudicate the correctness of the date of birth proposed by the writ petitioner. That apart, and in any event, the recording of the date of birth as 26th June, 1961 in the documents relied upon by the writ petitioner are on the basis of the self-declaration. There is no government document regarding the actual date of birth of the writ petitioner which can be considered to be authenticated. The difference of years between 22nd June, 1950 and 26th June, 1961 is more than eleven years.

It also appears that the writ petitioner as par the records (the date of birth being 22nd June, 1950) is presently about 68 years in age and must have retired from service long back when the writ petition was pending. However, as the writ petition has been filed in the year 2004 the petitioner's age considering his date of birth to be 22nd June, 1950 at the time of filing the writ petition would have been 54 years and he should have been in service.

In the circumstances as aforesaid, I direct the respondent no. 2, the Director of School Education, West Bengal, now known as the Commissioner of School Education, West Bengal to adjudicate the issue as to whether the petitioner's date of birth is 22nd June, 1950 or 26th June, 1961. The said authority shall consider all relevant documents including the application made by the writ petitioner for being appointed as Night Guard in the said school, make necessary enquiry from the schools concerned and should pass a reasoned order after affording a reasonable opportunity of hearing to the writ petitioner. The authority while adjudicating the issue if feels, may take assistance of medical experts and/or board from any government hospital for the purpose of ascertaining the actual age of the writ petitioner. The authority concerned shall complete the exercise and pass his order within a period of eight months from the date of communication of this order.

The Writ Petition is disposed of accordingly.

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