Case Note & Summary
The case involved a dispute regarding the correction of the respondent's date of birth from 30.07.1941 to 16.10.1945. The respondent, who was employed as a Sub-Divisional Inspector in the Education Department, filed a suit after 35 years to correct his date of birth, claiming it was incorrectly recorded in his High School Certificate. The trial court initially ruled in favor of the respondent, but the appellate court overturned this decision, citing lack of conclusive evidence and a violation of limitation rules. The respondent's appeal to the High Court resulted in a favorable ruling, which was subsequently challenged by the U.P. Madhyamik Shiksha Parishad in the Supreme Court. The Supreme Court found that the respondent's claim was indeed time barred, as per the U.P. Recruitment Service (Determination of Date of Birth) Rules, which stipulate that corrections must be made within two years of the issuance of the certificate. The court noted that the respondent had not provided sufficient evidence to support his claim and emphasized the importance of adhering to established service rules regarding date of birth corrections. Ultimately, the Supreme Court dismissed the appeal, affirming the appellate court's decision and setting aside the High Court's order.
Headnote
A) Limitation Law - Time Bar for Correction of Date of Birth - Claim for correction of date of birth filed after significant delay - U.P. Recruitment Service (Determination of Date of Birth) Rules, 1974 - The court held that the respondent's claim was barred by limitation as it was filed decades after the issuance of the High School Certificate, violating the stipulated two-year period for corrections. The court emphasized that such claims cannot be entertained at the fag end of service. Held that the suit was time barred (Paras 1-8).
Issue of Consideration
Whether the respondent's claim for change in date of birth from 30.07.1941 to 16.10.1945 is time barred.
Final Decision
The Supreme Court dismissed the appeal, affirming the appellate court's decision and setting aside the High Court's order, ruling that the respondent's claim was time barred under the U.P. Recruitment Service (Determination of Date of Birth) Rules, 1974.
Law Points
- Limitation
- Government Records
- Date of Birth Correction
- Service Rules
- High School Certificate
