Madhya Pradesh High Court
Shiv Prasad Kotwar vs The State Of Madhya Pradesh on 25 September, 2017
WP-15054-2017
(SHIV PRASAD KOTWAR Vs THE STATE OF MADHYA PRADESH)
25-09-2017
Shri B.S. Kushwaha, learned counsel for the petitioner.
Shri Ankit Agrawal, learned Government Advocate for the
respondents/State.
Heard.
The petitioner at the age of 58 years (as per cause title of the petition) seeking alteration of his date of birth recorded in the service record. Such alteration is prayed for on the basis of "Adhar Card", "Pan Card" and "Voter ID".
Prayer is opposed by Shri Ankit Agrawal, learned Government Advocate.
I have heard the parties on the question of admission. Petitioner was appointed on 21.01.1977. For about 40 years, the petitioner did not raise any objection regarding incorrect date of birth recorded in the service record. The core issue is whether at this stage, such alteration can be permitted.
The curtains are finally drawn on this issue by Supreme Court in 1993 (2) SCC 162 [Union of India Vs. Harnam Singh]. The Apex Court opined that an employee cannot be permitted to seek alteration of date of birth in the december of career even if he has good evidence in support thereof. The service record (Annexure P-1) shows that there exists no clerical error/overwriting in column No.5 which related with date of birth. The petitioner's date of birth is written in clear letters and words as 20.02.1956 (Twentieth of February Nineteen Hundred Fifty Six).
A Division Bench of this Court after considering Rule 84 of M.P. Financial Code in 2003 (1) MPHT 148 [State of M.P. Vs. Mathura Singh and another] opined that in absence of any clerical error, the date of birth cannot be permitted to be altered.
For these cumulative reasons, I find no merit in this petition. It is accordingly dismissed.
(SUJOY PAUL) JUDGE