1 2025:CGHC:37786 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3997 of 2021  Mahesh Ram Sahu, S/o Shri Shivnath Sahu, Aged About 57 Years Presently Posted As Inspector, Police Head Quarter, Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh, Through The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. Director General Of Police, Police Head Quarter Raipur, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3. Inspector General Of Police, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4. Superintendent Of Police, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Suraj Jaiswal, Advocate holding the brief of Mr. Shamsuddin Mirza, Advocate For State : Ms. Neelima Singh Thakur, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 31. 07.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records of the case, from the authorities. 10.2 That this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/directing the respondent authorities to correct the date of birth of the petitioner as 01.04.1967 in place of 01.04.1963 considering the school register and primary school certificate SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.08.02 12:01:28 +0530 2 examination result, which shows the actual date of birth of the petitioner to be 01.04.1964. 10.3 Any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be granted.” 2. Learned counsel for the petitioner would submit that initially, the petitioner was appointed to the post of Constable on 10.01.1991. He would further submit that he was promoted to the post of Head Constable in the year 2012. In the service record, the date of birth of the petitioner was entered as 01.04.1963 on the basis of the higher secondary school certificate. He would also submit that the petitioner got certain documents of primary school showing his date of birth as 01.04.1964; thereafter, he moved an application for correction of date of birth on 15.01.2021 before respondent No. 3. He would further contend that till date, the said representation has not been considered and decided. He would also contend that the school register of the primary school is admissible according to the provisions of Section 29 of Bhartiya Sakshya Adhiniyam, 2023. He would pray to allow the instant petition. 3. On the other hand, learned counsel for the State would oppose. Ms. Thakur would submit that the petitioner joined the services on 10.01.1991, and his date of birth was recorded as 01.04.1963 in the service record on the basis of the higher secondary school certificate. She would further submit that the petitioner kept mum for a long 30 years and thereafter, moved an application for correction of date of birth from 01.04.1963 to 01.04.1964. She would contend that the instant petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents placed on the record. 5. In the school admission register, the date of birth of the petitioner is recorded as 01.04.1964, and in the mark-sheet of Class 8th and 11th, the 3 date of birth is recorded as 01.04.1963. The petitioner applied for the post of Constable on the basis of the higher secondary school certificate, in which the date of birth is entered as 01.04.1963. The petitioner made a representation before respondent No. 3 on 15.01.2021 after a long 30 years, and in para 7 of the writ petition, it is stated that there is no delay in filing the instant petition. It is also stated in para 7 that the petitioner made several representations to the respondent authorities. Undisputedly, the petitioner approached the respondent authorities at a belated stage without assigning sufficient reasons. 6. Further, the date of birth, 01.04.1963, was recorded in the service record on the basis of the mark sheet of the higher secondary school. The petitioner never approached the Madhya Pradesh/Chhattisgarh Board of Secondary Education for the correction of the date of birth. 7. Section 29 of Bhartiya Sakshya Adhiniyam, 2023 deals with the relevancy of entry in a public record or an electronic record made in performance of duty. In the school admission register, the date of birth of the petitioner is recorded as 01.04.1964, and it is relevant, but at the same time, the mark- sheet of the higher secondary is also a public document, and the relevance of the said document cannot be ignored. The petitioner was appointed in the year 1991 to the post of Constable based on the mark sheet of the higher secondary, and after a long 30 years, he cannot be permitted to change his date of birth. 8. With regard to the continuous representations, the Hon’ble Supreme Court in the matter of Union of India v Tarsem Singh, (2008) 8 SCC 648 has clearly held that, especially in service claims, repeated representations do not give a fresh cause of action in favor of litigants. 4 9. Taking into consideration the fact that the petitioner approached the authorities at a belated stage for correction of his date of birth in the service record, no case is made out for correction of date of birth. 10. Accordingly, the instant petition is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge $iddhant