Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1974-Rule 2 U.P. Board of Education-Rule 7 U.P. Recruitment Service (Determination of the Date of Birth) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service record : Correction in service record-Permissibility-Held: Entries made in Service/Government records on the basis of which the Government servant got the service cannot be allowed to be changed just a few years before retirement. U.P. Recruitment Service (Determination of the Date of Birth) Rules, 1974-Rule 2-Date of birth recorded in service book-Change of Permissibility-Held: Date of birth or the age recorded in service book at the time of entry into the Government service is deemed to be the correct date of birth or age/or all purposes-No application or representation to be entertained for correction of such date or age. U.P. Board of Education-Rule 7 of the G.R.-High School Examination Certificate-Correction of any clerical error-Application to be moved within 2 years of issue of the certificate-Could not be entertained thereafter. Limitation-Long delay in filing suit-Suit for change of date of birth filed after 39 years of issuing certificate-Maintainability of-Held: Suit not maintainable being barred by time. As per the High School Certificate issued by appellant-Parishad, the date of birth of the respondent was 30.7.1941. After 15 years of issuance of this certificate, respondent moved an application seeking correction of his date of birth from 30.7.1941 to 16.10.1945. In 1995, respondent filed a suit for seeking correction of his date of birth on the ground that his date of birth was wrongly entered in his High school Certificate. Trial Court decreed the suit. First appellate court reversed the order of trial court holding that respondent had put his signatures on the High School Examination form and so he is responsible for the entries in this form. Respondent's appeal before High Court was allowed. Hence the present appeal. |
Judge | Hon'ble Dr. Justice A.R. Lakshmanan |
Neutral Citation | 2005 INSC 223 |
Petitioner | U.p. Madhyamik Shiksha Parishad And Ors. |
Respondent | Raj Kumar Agnihotri |
SCR | [2005] 3 S.C.R. 770 |
Judgement Date | 2005-04-21 |
Case Number | 2798 |
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