Writ petitioner sought correction of date of birth based on a Matriculation certificate corrected nearly three decades post-appointment. Court rejected plea citing Jharkhand Finance Code and lack of infirmity in impugned order, dismissing petition.
Writ-petition dismissed finding no infirmity in impugned order declining date of birth correction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND, RANCHI W.P.(S) No. 851 of 2017
Deonath Ram, son of Late Ram Prit Ram, resident of Mohalla-Duha Tand, Near Ambedkar Club, P.O.-Dhanbad, P.S.-Dhansar, District-Dhanbad
..... Petitioner
--Versus--
1.The State of Jharkhand
CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. K.K. Singh, Advocate For the Respondent-State : Mr. Rishikesh Giri, Advocate ---
3 / 08.03.2017 The petitioner, who was appointed on 10.12.1980 as A.S.H Teacher in Primary School, Khidirpura, Parsa, Dist.-Saran moved this Court in W.P.(S) No.5558 of 2016 seeking correction in his date of birth. Immediate reason for moving this Court was the certificate issued by West Bengal Board of Secondary Education on 02.12.2008, whereunder his date of birth has been corrected from 05.01.1957 to 05.05.1958.
time of his appointment he disclosed his date of birth as 05.01.1957 and this date has been recorded in his service excerpts. This is the date of birth recorded in the Matriculation certificate also. Now, on the basis of a corrected Matriculation certificate dated 02.12.2008, the petitioner seeks correction in his date of birth as 05.05.1958. The learned counsel for the petitioner refers to decisions in Kamta Pandey v. M/s B.C.C.L (F.B.) [2007 (3) JLJR 726] and Digvijay Singh v. Bharat Coking Coal Ltd. (Jhr) [2008 (3) JCR 611 (Jhr)] to contend that the date of birth recorded in the Matriculation certificate shall be treated as a conclusive proof of date of birth of an employee.
(Shree Chandrashekhar, J.)
SI/
2 issues framed by the court
Whether correction in date of birth is permissible 28 years after appointment?
Whether a corrected Matriculation certificate issued 28 years after appointment can alter service records?
Colour shows how this judgement treated each authority
Kamta Pandey v. M/s B.C.C.L (F.B.)Distinguished¶15
Kamta Pandey v. M/s B.C.C.L (F.B.) [2007 (3) JLJR 726]
Digvijay Singh v. Bharat Coking Coal Ltd.Distinguished¶15
Digvijay Singh v. Bharat Coking Coal Ltd. (Jhr) [2008 (3) JCR 611 (Jhr)]
1 provisions across 1 enactments
Deonath Ram
The State of Jharkhand
The Secretary, Human Resources Development Department, State of Jharkhand
The Director, Primary Education, Human Resources Development Department
Shree Chandrashekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
