DOB mentioned in Matriculation certificate held correct than of service book.

Facts in brief:

1. The service book of the petitioner prepared in 1981 at the time of entry in service contained his date of birth as 26.10.1957.

2. However, Once he was appointed school teacher, contrary to the date of birth recorded in the Matriculation certificate obtained from Bihar School Examination Board in 1971 i.e. 26.10.1954 and such entries also recorded in his Teachers Training certificate issued in the year 1975, his date of birth was shown as 26.10.1957 in the service book.

3. On giving opportunity to the petitioner to produce all the relevant documents in support of the said entry, District Education Officer, found that certificates produced by him bear his date of birth as 26.10.1954. Hence, he was superannuated accordingly.

4. He filed petition against such decision.

HC held as under:

5. In the present situation where the person has entered into service on the basis of educational certificate which shows a particular date of birth like in the present case, but incorrect entry of date of birth has been recorded in the service book which has remained for so long, the impugned action cannot be said to suffer from any arbitrariness or illegality.

6. Petitioner being conscious of the date of birth entered in the Matriculation and other certificates, never ventured to seek any correction there of nor is there any documents to substantiate the age entered in the service book. Therefore petitioner has rightly been superannuated on the basis of date of birth recorded in the educational certificate after giving him opportunity to respond.

7. In that view of the matter, this Court is not inclined to interfere in the matter, which is dismissed accordingly.

Case Reference-Laxman Prasad vs Human Resources Department

IN THE HIGH COURT OF JHARKHAND AT RANCHI