Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Date of birth |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Date of birth - Determination of - Date of birth of employee recorded as 2. 4. 1946 at the time of initial employment - Later employee seeking rectification of his date of birth as 2.4. 1948 on the basis of his Matriculation Certificate - Permissibility - Held: The date of birth mentioned in Matriculation Certificate has to be accepted as authentic - But in the present case, the employee in order to gain eligibility for appointment did not produce Matriculation Certificate at the time of initial appointment - Hence, he is estopped from relying on the Matriculation. Certificate - Estoppel. Constitution of India, 1950 - Art. 226 - Jurisdiction under - Nature and Scope of - Held the jurisdiction of High Court u/Art. 226 is equitable and discretionary - Such jurisdiction cannot be exercised, if there is error of law - If a person has taken undue advantage, the Court in its extra-ordinary jurisdiction would be within its domain to deny discretionary relief |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 650 |
Petitioner | Eastern Coalfields Ltd. And Others |
Respondent | Bajrangi Rabidas |
SCR | [2013] 16 S.C.R. 895 |
Judgement Date | 2013-09-23 |
Case Number | 8634 |
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