Case Note & Summary
The petitioner, Maruti Daulu Patil, was a police constable appointed on 25th May 1977. His date of birth was recorded as 1st November 1950 based on his school leaving certificate. He claimed his actual date of birth was 19th October 1952 as per a birth extract from the village register. He made representations to the Commissioner of Police from 1980 onwards but received no response. He filed Original Application No. 649 of 2008 before the Maharashtra Administrative Tribunal (MAT) in 2008, which was dismissed on 30th April 2010. He then filed the present writ petition challenging the dismissal. The court considered whether the petitioner was entitled to correction of his date of birth after a long delay. The court noted that the petitioner had not produced the birth extract at the time of appointment and that the school leaving certificate was the basis of the entry. The court held that the petitioner failed to prove that the entry was erroneous and that the delay of 30 years was unreasonable. The court dismissed the petition, upholding the MAT's order.
Headnote
A) Service Law - Correction of Date of Birth - Delay and Laches - The petitioner, a police constable, sought correction of his date of birth from 1st November 1950 to 19th October 1952 after 30 years of service. The court held that the application was highly belated and the petitioner failed to produce sufficient evidence to rebut the presumption of correctness of the entry in the service book based on the school leaving certificate. (Paras 1-12) B) Evidence - Birth Extract vs. School Leaving Certificate - The petitioner relied on a birth extract from the village register, but the court noted that the school leaving certificate, which was the basis of the service entry, was a contemporaneous document and the birth extract was not produced at the time of appointment. The court held that the school leaving certificate carries more weight in service matters. (Paras 4-10) C) Limitation - Representation and Delay - The petitioner made representations from 1980 onwards but did not pursue the matter diligently. The court held that the delay of 30 years in approaching the Tribunal was fatal and the petitioner cannot be allowed to change his date of birth at the fag end of his career. (Paras 6-12)
Issue of Consideration
Whether the petitioner is entitled to correction of his date of birth in the service record after a delay of 30 years and whether the birth extract from the village register should prevail over the school leaving certificate.
Final Decision
The writ petition is dismissed. The order of the Maharashtra Administrative Tribunal dated 30th April 2010 is upheld. Rule discharged. No order as to costs.
Law Points
- burden of proof
- delay in seeking correction
- date of birth correction in service records
- evidentiary value of school leaving certificate
- limitation for correction of date of birth
