Marang Baski vs State of Jharkhand and Others

I.A. No. 2659 of 2012

Heard learned counsel for the parties on application for condonation of delay i.e. I.A. No. 2659 of 2012. In view of the reasons stated in the application, the delay in filing this L.P.A. is condoned.

I.A. No. 2659 of 2012 is allowed.

L.P.A. No. 363 of 2012

Heard learned counsel for the parties on merits of the case.

By filing this writ petition the petitioner sought correction of his date of birth in service record. According to petitioner, his date of birth recorded in service record is 8.3.1950 whereas his correct date of birth is 8.3.1959. Petitioner entered into service of the Bihar Police on 17.2.1977 and obtained the Matriculation Certificate containing his date of birth as 8.3.1959. According to learned counsel for the petitioner, the petitioner requested the authority concerned for correction of his date of birth in the year 2008 by submitting application dated 24.8.2008 (Annexure-4). Learned single Judge observed that such certificate cannot be relied upon and if it is relied, then petitioner would be less than 18 years of age at the time of entering into service.

Learned counsel for the appellant submitted that representation was submitted in the year 1992 itself. Even if it is so, then also the writ petition itself is delayed and there was no reason to entertain the writ petition after delay from 1993 and not passing of the order by the authority for such a long period is also no explanation for not invoking the jurisdiction of the Court, if the claim of the petitioner was bona fide which has been raised after such inordinate delay.

We are of the considered opinion that whenever a person enters into the service and thereafter obtains a Matriculation Certificate, then such type of evidence are required to be assessed and examined more carefully in view of the fact that in Matriculation Certificate the date of birth is recorded according to the statement given in the admission form by the applicant, may it be at the time of entry in the school or thereafter and that is an admission in favour of one who is giving the fact. A person who enters into service without any such Matriculation Certificate and then he obtains, then in that situation, there is every possibility of submitting a wrong statement of fact with respect to the date of birth and, therefore, such evidence cannot be blindly relied upon and here the Court''s duty is to find out the truth in totality of the facts and circumstances of the case. In this case, the document was rightly found suspicious by the learned single Judge and the stage at which it was produced also makes such document doubtful. It is also clear that in the matter of disputed question of facts, the writ court should be very slow in interfering in the matter of enquiry to the question of facts. In totality, we do not find any merit in the L.P.A. Hence, the L.P.A. is dismissed.