State Of Orissa vs Dr. (Miss) Binapani Dei & Ors on 7 February, 1967
9) Before we proceed further on this aspect of the matter,
we would like to clarify the legal position in the present context. The
admitted position is that the respondent authorities had issued a
notice to the petitioner in 1991, to produce evidence in support of his
date of birth. The aforesaid certificate dated 5.5.1991 (Annexure-1),
issued by the Headmaster of the School, had led the respondents to
send a functionary to the School to verify the contents of the same
and a copy of the report was not supplied to the petitioner. In other
words, adverse materials taken into account by the authorities were
not brought to the notice of the petitioner to enable him to meet the
same. Such a situation is covered by the decision of the Supreme
Court in the case of State of Orissa Vs. Dr. Binapani Dei & Ors.