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Neutral Citation No. - 2025:AHC:45560 Court No. - 32 Case :- WRIT - C No. - 7747 of 2020 Petitioner :- Haresh Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Girish Chandra Maurya,Jagannath Singh,Ram Sheel Sharma Counsel for Respondent :- C.S.C.,Chandrachud Pandey,Vineeta Pandey Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for the private- respondents. 2. The petitioner by means of present writ petition has prayed for following relief:
"A. Issue a writ, order or direction in the nature of writ of mandamus directing to the respondent no.2, 3, 4 and 5 to produce the academic records of the High School examination for the Session 1973-74 of the petitioner (Roll No.374366) before this Hon'ble Court. B. Issue a writ, order or direction in the nature of writ of Mandamus directing the respondent no.3 and 4 to re-verify the academic records of the High School examination for the Session 1973-74 of the petitioner (Roll No.374366) on the basis of records available in the office of the respondent no.4 and 5."
3. The petitioner has passed High School examination in the year 1974 and his date of birth recorded in the High School Certificate is 04.06.1960. The certificate of High School annexed with the writ petition appearing on page 31, bears Roll No. 374366 and Serial No.134647. 4. According to the petitioner, he has obtained the service on the basis of the High School Certificate and in his service book his
date of birth is recorded as 04.06.1960 on the basis of High School Certificate. According to the petitioner, he has obtained a job as Teacher in Kendriya Vidyalaya, Donimalai, District Bellari (Karnataka). At the time of superannuation, the employer of the petitioner sought verification of the date of birth of the petitioner from the U.P. Madhyamik Shiksha Parishad, Uttar Pradesh. On verification it was found that date of birth of the petitioner is
04.06.1956. After verification a disciplinary proceeding was initiated against the petitioner and the petitioner in order to submit his defence sought time from the disciplinary authority for submitting a correct date of birth certificate. 5. Considering the gravity of the matter, this Court by order dated 05.03.2025 directed the learned Standing Counsel to produce the original record. 6.
Original record namely Tabulation Register has been placed before the Court in which the date of birth of the petitioner is recorded as 04.06.1956. The counterfoil of the certificate issued by the Board bearing Roll No. 374366 and Serial No.134647 also records the date of birth of the petitioner as 04.06.1956. 7. Since this Court has perused the original record which discloses that the date of birth of the petitioner is 04.06.1956. Therefore, in such view of the fact, the relief as prayed by the petitioner, cannot be granted and the date of birth of the petitioner shall be treated to be 04.06.1956. 8. Learned counsel for the petitioner placed judgement of Hon'ble Apex Court in the case of Shankar Lal Vs. Hindustan Copper Ltd & Ors passed in Civil Appeal No.2858 of 2022 (arising out of Special Leave to Appeal (Civil) No.16886 of 2019) to contend that
once the date of birth has been recorded in service book it cannot be changed afterwards. 9. The said issue is not before the Court as the Court is concerned only with the relief sought by the petitioner and the question as to whether any date can be changed in the service record cannot be adjudicated by this Court, in view of the fact that the petitioner has not prayed any such relief, the said judgment is not applicable. 10. Accordingly, the writ petition is dismissed with no order as to cost. 11. Original record is returned to the learned Standing Counsel. Order Date :- 2.4.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad