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Allahabad High Court · body

2025 DAILYLAW 84056 (ALL)

RAM MILAN CHAUBEY v. STATE OF U.P. AND 2 OTHERS

WRIA/11377/2025 · 2025-08-07

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135351 Court No. - 4 Case :- WRIT - A No. - 11377 of 2025 Petitioner :- Ram Milan Chaubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard. By means of present petition filed under Article 226 of the Constitution, petitioner wants consideration of his representation by the competent authority, namely, respondent no. 3 made on 7.5.2025 for his change of date of birth recorded in the service records. According to the petitioner, as per his own school leaving certificate his date of birth recorded is 1st January, 1973 whereas in service record, his date of birth has come to be recorded as 14.7.1966 and it is upon publication of same on official portal that he came to know it for the first time. Per contra, learned Standing Counsel has obtained instructions and as per instructions petitioner himself had declared his date of birth as 14.7.1966 at a time of entry in service and in view of such declaration made by him, no further change can be permitted. He has taken the plea of principles laid down in Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974 , which do not permit any application for change of date of birth in service record originally entered at the time of entry in service. Having heard learned counsel for the respective parties and having perused the records, I see no justification in the first instance for the petitioner to make representation first time on 7.5.2025 when he has already attained the age of 52 years as he is going to retire after eight years . Further I find that as per instructions, he declared his date of birth as 14.7.1966 while submitting his application form offering the post. The date of birth is determined at the time of entry in service both on the basis of self declaration as well as on the basis medical examination conducted upon the candidate unless and until candidate is otherwise high school pass out and high school certificate shows different date of birth. In such circumstances, the date of birth entered in the high school certificate shall be reckoned with Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974. In the considered view of the Court, the principles as applicable to the government servant under 1974 Rules would also be attracted in the matter of determination of date of birth in respect of home guard volunteers and officers in the home guard service which is also a government establishment. In view of above, therefore, I do not see any justification for change of date of birth of the petitioner at this stage when he has attained the age of 52 years. Rules do not provide entertainment of such application of change of date of birth . Petition fails and is accordingly dismissed. Order Date :- 8.8.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad