Allahabad High Court
Shiv Nandan Lal Srivastava vs State Of U.P.Throu.Prin.Secy.Revenue ... on 1 July, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No.1 Case :- SPECIAL APPEAL No. - 281 of 2020 Appellant :- Shiv Nandan Lal Srivastava Respondent :- State Of U.P.Throu.Prin.Secy.Revenue Lucknow And Another Counsel for Appellant :- Anand Mani Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
1. The case has been taken up through Video Conferencing.
2. The present intra-Court appeal has been filed impugning the final judgement and order dated 21.9.2020 passed by the learned Single Judge in Writ Petition No.15162 (SS) of 2020 preferred by the appellant-petitioner.
3. The appellant-petitioner's date of birth is recorded as 11.5.1960 in High School Certificate as well as in other educational testimonials. It appears that the appellant-petitioner, who was posted as Revenue Inspector, Tehsil Sadar, District Gonda was due to retire from service on 31.5.2020 on attaining the age of superannuation. The appellant-petitioner moved a representation dated 13.3.2020 to the Secretary, Madhyamik Shiksha Parishad, Allahabad for correction of his date of birth and it is stated that in place of 11.5.1960, it should be corrected as 11.5.1962. Thereafter, he filed Writ Petition No.7963(SS) of 2020 before this Court for a mandamus in this regard. The aforesaid writ petition was disposed of vide order dated 7.5.2020 with a direction to the Secretary, U.P. Secondary Education Board, Allahabad to decide the representation of the appellant-petitioner within a period of six weeks after lock-down was lifted.
4. The Secretary, U.P. Secondary Education Board, Allahabad passed the order dated 15.6.2020 on the representation of the appellant-petitioner, in which he had stated that the application for the first time was moved on 13.3.2020 for change in the date of birth of the appellant-petitioner, i.e. after 44 years from the date when the High School certificate was issued to him. It was also stated that under Section 7 of Chapter-III of the Intermediate Education Act, 1921, any correction in respect of an educational certificate could be made within a period of two years from the date of its issuance. It was said that since the application of the appellant-petitioner was grossly time barred and, therefore, his application could not be considered and the same was rejected.
5. Aggrieved by the order passed by the Secretary, U.P. Secondary Education Board, Allahabad, the appellant-petitioner filed Writ Petition No.15162(SS) of 2020 before this Court. The learned Single Judge after considering the judgement in the case of State of Orissa and others Vs. Brahamarbar Senapathi (1994) 2 SCC 491 as well as the provisions of the U.P. Intermediate Education Act, 1921, has dismissed the writ petition vide impugned judgement and order, subject matter of the present appeal.
6. Heard Sri A.M. Tripathi, learned counsel for the appellant and the learned Standing Counsel for the respondents.
7. Admittedly, the appellant-petitioner for the first time had filed the application for correction of his date of birth on 13.3.2020 i.e. after 44 years from the date when the High School certificate was issued to him. The appellant-petitioner was due to retire on 31.5.2020 and thus, he filed the said application on the verge of his retirement from Government service.
8. It has been held in several judgements, including the judgements in the cases of State of Maharashtra and another Vs. Gorakhnath Sitaram Kamble and others, (2010) 14 SCC 423, State of M.P. vs. Premlal Shrivas (2011) 9 SCC 664, Home Deptt. Vs. R. Kirubakaran, 1994 Supp (1) SCC 155, State of Uttaranchal Vs. Pitamber Dutt Semwal, (2005) 11 SCC 477 and the recent judgement in Civil Appeal No.1009 of 2020, Bharat Coking Coal Ltd. and others Vs. Shyam Kishore Singh, decided on 5.2.2020, that the delay in seeking correction in the date of birth of a Government servant on the fag end of his career or on the verge of his retirement on attaining the age of superannuation, should not be directed by the Court.
9. Considering the law laid down by the Supreme Court in catena of judgements as well as facts of this case, where the appellant-petitioner has sought correction in his date of birth after 44 years from the date when the High School certificate was issued to him, that too at the fag end of his career as a Government servant, just before the date of his retirement on attaining the age of superannuation, no relief can be granted to the appellant-petitioner and the learned Single Judge has rightly dismissed the writ petition.
10. We do not find any infirmity or illegality in the order impugned. Therefore, the present special appeal being devoid of merit and substance, is dismissed.
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(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.) Order Date :- 1.7.2021 Rao/-