Madhya Pradesh High Court
Chandra Shekhar Chouhan vs State Of Madhya Pradesh on 20 September, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2024:MPHC-IND:27595
1 WP-24966-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 20 th OF SEPTEMBER, 2024
WRIT PETITION No. 24966 of 2024
CHANDRA SHEKHAR CHOUHAN
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rishiraj Trivedi, learned counsel for the petitioner.
Shri Rajwardhan Gawde, learned GA for the respondents/State on advance
notice.
ORDER
The present petition is filed under Article 226 of the Constitution of India seeking quashment of the impugned order dated 15.12.2023 (Annexure P/3) and further to pass a direction to the respondents to make necessary correction in the service book of the petitioner as well as in 10th class mark-sheet with regard to the date of birth as per scholar register.
2. Facts of the case in brevity are that the petitioner was appointed on the post of Panchayat Shikshakarmi with the respondent and was regularised by order dated 24.12.2001. On 05.12.2023, the petitioner filed a representation before the respondents No.1 & 3 along with the documents for correction of date of birth in service book as well as in 10th class mark-sheet. According to the petitioner, as per scholar register, his date of birth is 10.07.1974, but due to mistake the same was entered as 10.07.1970. On the basis of the said mark-sheet, his date of birth in the service book has also been recorded as 10.07.1970. By the impugned order dated 15.12.2023, the Board rejected the representation of the petitioner for Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 9/20/2024 5:41:34 PM NEUTRAL CITATION NO. 2024:MPHC-IND:27595 2 WP-24966-2024 correction in the mark-sheet on the ground that the correction in the mark-sheet can be sought only within a period of 3 years of the date of declaration of result. The petitioner had filed an application for correction in the date of birth after about 32 years and, therefore, the same has been rejected.
3. Counsel for the State further submits that the relief claimed by the petitioner cannot be granted because the entry in the service book was made which was duly signed by the petitioner himself and the said fact is not disputed. Once entry is made in the service book cannot be allowed to be changed at the fag end of service that too after period of 27 years.
4. After hearing learned counsel for the parties, I do not find any merit in the petition. There is no illegality in the order dated 15.12.2023 passed by the Board of Secondary Education, Bhopal rejecting the application of the petitioner for correction in the date of birth in the mark-sheet. As per the rules and the standing orders prevailing in the Board, which has been referred as Order No.Prasha/Stha/A-2/143/2015 Bhopal dt.14.01.2015 Clause-2(v) the correction in the date of birth in the mark-sheet can be sought within a period of three years of declaration of the result. Admittedly, in the present case, the application was not filed for correction of date of birth in the mark-sheet within 3 years, but the same was filed after period of 32 years. Thus, there is no illegality in the said order.
5. So far the prayer for correction in the date of birth is concerned, in this regard the law is no longer res integra as the Apex Court in the case of Burn Standard Co. Ltd. and others vs. Dinabandhu Majmdar & another, AIR 1995 SC 1499 held that the entry in regard to the date of birth in the service record cannot be allowed to be changed at the fag end of service. The relevant para is extracted hereunder:
"Ordinarily High Courts should not, in exercise of its discretionary writ Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 9/20/2024 5:41:34 PM NEUTRAL CITATION NO. 2024:MPHC-IND:27595 3 WP-24966-2024 jurisdiction, entertain a writ application/petition filed by an employee of the Government or its instrumentality, towards the fag end of his service, seeking correction of his date of birth entered in his 'Service and Leave Record' or Service Register with the avowed object of continuing in service beyond the normal period of his retirement."
The same view has been taken in the case of State of Maharashtra vs. Gorakhnath Sitaram Kamble and others, (2010)14 SCC 423; Surendra Singh vs. State of M.P. & Ors., 2007(1) MPLJ 286. A Division Bench of this Court in WA- 101- 2017 [Suresh Kumar Pithode vs. Western Coalfields Ltd.]; WA881-2017 [Shiv Prasad vs. Western Coalfields Ltd. and others]; and WA-228-2018 [Chief Managing Director, WCL & others vs. Sheikh Yusuf] reiterated the same view.
6. Following the aforesaid judgments, the Division Bench of this Court in the case of Prabhat Kumar vs. Union of India, 2019(3) M.P.L.J. 482 held that the entry of date of birth in the service book cannot be allowed to be changed at the fag end of service and the petition was dismissed.
7. In view of the aforesaid, this Court does not find any merit in the present petition. The petition is dismissed.
No order as to costs.
(VIJAY KUMAR SHUKLA) JUDGE soumya Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 9/20/2024 5:41:34 PM