Holding

The suit for correction of the date of birth is barred by limitation and, under the U.P. Recruitment Service (Determination of Date of Birth) Rules, the date of birth recorded in the service book at the time of entry is deemed correct and cannot be altered.

Summary

The respondent, a government employee, sought to have his date of birth corrected from 30‑07‑1941 to 16‑10‑1945, alleging an error in his 1960 High School Certificate. He filed an application for correction in 1981, but the suit was only instituted in 1995, more than three decades after the certificate’s issuance and shortly before his retirement. The Supreme Court examined the U.P. Recruitment Service (Determination of Date of Birth) Rules, 1974 (as amended 1980), which deem the date of birth recorded in the service book at entry as conclusive and bar any correction, and the U.P. Board of Education Rule 7, which requires correction applications within two years of certificate issuance. The Court held that the suit was barred by limitation and that the rule precludes alteration of the service record, especially at the eve of superannuation. Consequently, the High Court’s order allowing the correction was set aside and the appeal was allowed.

Issues considered

Whether the respondent's claim for correction of his date of birth is barred by limitation.
Whether the High Court erred in not applying the U.P. Recruitment Service (Determination of Date of Birth) Rules, 1974 and the related amendment.
Whether the evidence on record can be said to conclusively prove the respondent's alleged correct date of birth.
Whether Rule 2 of the U.P. Recruitment Service Rules, 1974, bars any application for correction of date of birth recorded in the service book.

Legislation cited

Constitution of Indias. Article 309

Subjects

date of birth correctiongovernment service recordlimitation periodU.P. Recruitment Service Ruleshigh school certificateclerical errorsuperannuationcontinuing cause of actionlaches

Judgment

A U.P. MADHYAMIK SHIKSHA PARISHAD AND ORS.
v.
RAJ KUMAR AGNIHOTRI

APRIL 2 I, 2005

B [ASHOK BHAN AND DR. AR. LAKSHMANAN, JJ.]

Service record : -
Correction in service record-Permissibility-Held: Entries made in
C Service/Government records on the basis of which the Government setvant
got the service cannot be allowed to be changed just a few years before
retirement.

U.P. Recruitment Service (Determination of the Date of Birth) Rules,
1974-Ru/e 2-Date of birth recorded in service book-Change of-
D Permissibility-Held: Date of birth or the age recorded in service book at the
time of entry into the Government service is deemed to be the correct date of
birth or age/or all purposes-No application or representation to be entertained
for correction of such date or age.

U.P. Board ofEducation-Rule 7 ofthe G.R.-High School Examination
E Certificate-Correction of any clerical error-Application to be moved within
2 years of issue of the certificate-Could not be entertained thereafter.

Limitation-Long delay in filing suit-Suit for change of date of birth
filed after 39 years of issuing certificate-Maintainability of-Held: Suit not
F maintainable being barred by time.

As per the High School Certificate issued by appellant-Parishad,
the date of birth of the respondent was 30.7.1941. After 15 years of
issuance of this certificate, respondent moved an application seieking
correction of his date of birth from 30.7.1941 to 16.10.1945. In 1995,
G respondent filed a suit for seeking correction of his date of birth on the
ground that his date of birth was wrongly entered in his High school
Certificate. Trial Court decret:d the suit. First appellate court reversed
the order of trial court holding that respondent had put his signatures on
the High School Examination form and so he is responsible for the entries

H 770
U.P. MADHYAMIK SHIKSHA PARISHAD v.R.K. AGNIHOTRI 771
in this form. Respondent's appeal before High Court was allowed. Hence A
the present appeal.

Allowing the appeal, the court

Held : l. The correction of entries made in Government records on
the basis of which the Government servant got into the service cannot be B
allowed to be changed just a few years before retirement or at the fag
end of his service. (782-H; 783-A)

2.1. In the instant case, the respondent had himself admitted that
the signature in the High School Examination form was signed by him
and, therefore, his plea that the form was filled up by his teacher is not at C
all sustainable. The appellate Court has rightly held that the suit was
barred by limitation as the relevant rules framed by the U.P. Board of
Education had not been followed by the respondent. As per Rule 7 of
G.R., any application for correction is to be made within two years of
issuing certificate, while in the present case it was made after more than D
IS years i.e. on 25.05.1981 and the suit was filed on 07.04.1995. (777-F-GJ

2.2. The High Court, has wrongly held that there was a continuing
cause of action. The lower appellate Court after perusing the evidence

- had categorically held that the respondent could have summoned the
record from Kakori Shaheed Inter College, when he got admission in
Class IX and documents of his date of birth should have been produced
by him at the time of admission in Class IX. These documents were the
E

best documents to prove the respondent's case which he failed to produce
before the Court. [777-G; 778-A-B)

3. The respondent's suit is time barred as he has filed the suit in F
1995 whereas High School Examination Certificate which is sought to be
corrected is of 1960 and this certificate was issued in time and he is
seeking this correction after 35 years. In the present case, the respondent
has not moved any application within two years of this certificate being
issued through concerned Principal. (778-E, G)
G
State of UP. and Ors. v. Gulaichi (Smt), (2003) 6 SCC 483; State of
Uttaranchal and Ors. v. Pitamber Dutt Semwal, (2002) l UPLBEC 441 SC;
State of T.N. v. T. V. Venugopalan, (19941 6 SCC 302; Executive Engineer,
Bhadrak (R&B) Division, Orissa and Ors. v. Rangadhar Mallik, [1993\ Supp
1 SCC 763; Government of Andhra Pradesh and Anr. v. M Hayagreev H
772 SUPREME COURT REPORTS [2005] 3 S.C.R.

A Sarma, (199012 SCC 68i; Union of India v. Harnam Singh, (199312 SOC
162; Burn Standard Co. Ltd. and Ors. v. Dinabandhu Majumdar and Anr.,
AIR (1995) SC 1499 and The Secretary & Commissioner Home Department
and Ors. v. R. Kirubakaran, JT (19~3) 5 SC 404, reHed on

4. As per the existing rule, the date of birth or the age recorded in
B his s~rvice book at the time of entry into.the Government service shall be
deemed to be the correct date of birth or age, as the case may be, for :all
purposes and no application or representation shall be entertained for
correction of such date or age. (783-G-Hl

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2798 of 2005.
c
From the Judgment and Order dated 10.3 .2003 of the Allahabad High
Court in S.A. No. 334 of 1999.

Dr. R.G. Padia, Ms. Mana Rajvansi and Ms. Niranjana Singh with him
D for the Appellants.
B.B. Singh for the Respondent.

The Judgment of the Court was delivered by

E
DR. AR. LAKSHMANAN, J. Leave granted.

This appeal is directed against the final judgment and order dated
--
10.03.2003 passed by the Allahabad High Court, Lucknow Bench, Lucknow
in Second Appeal No. 334 of 1999 whereby the High Court allowed the
second appeal filed by the respondent-'herein.

F Respondent was working as S.D.I. in the Education Department. As per
his service book, his date of birth was 30.07.1941. The Governor using the
powers under conditional part of Article 309 of the Constitution of India
framed the following Notification. The notification dated 28.05.1974 reads
thus :-
G State of U.P.
Niyukti Vibhag Anubhag-4
Notification
28th May, 1974
H
U.P. MADHYAMIK SHIKSHA PARISHADi·.R.K. AGNIHOTRI [LAKSHMANAN. J.) 773

No. 41/269 Niyukti-4 Governor using the powers under conditional A
part of Article 309 of the Constitution of India, frames following
Niyamawali :-

I. Short title an commencement Ill This Niyamawali will be called
date of birth determination Niyamawali, 1974 for the purpose of
appointment in service in U.P. B
2. It shall be enforced at once.

121. Exact date of birth or determination of Age of a Government
servant the date of birth or determination of age of a Government
servant which has been written in his High School Certificate or C
equivalent to it after passing the examination or where a Government
servant has not passed any such examinatio~. the date of birth or age
which has been written in his service book at the time of entering in
Government service, in regard to his services, for all the purposes,
whether entitled for promotions/supersession/pre-retirement or
retirement or retrial benefits, the date of birth or age as mentioned D
therein. Any application form or application for correction in his date
of birth or age will not be accepted in any manner having any
circumstances of any cost.

3. The enforcement of this Niyamawali, a relevant service rule or any
order which in corporate some reverse matters even shall be effective. E
By Order
/Gulam Hussain/
Commissioner & Secretary
"
F
The respondent-herein, after a gap of 35 years, filed a Regular Suit No.
176 of 1995 with the prayer to correct his date of birth from 30.07.1941 to
16.10.1945 on the ground that his date of birth was wrongly entered in his
High School Ce.rtificate of the year 1960 issued by the Madhyamik Shiksha
Parishad (hereinafter called "the Parishad"), U.P., Allahabad. A written G
statement was filed by the Secretary of the Parishad in the said suit explaining
the facts that the respondent himself filled up the High School examination
form for the year 1960, which was duly forwarded by the Principal concerned
·after going through the relevant records therein and in view of the High
School examination form of the year I 960, the High School Certificate was
issued by the Secretary of the Parishad wherein the respondent's date of birth H
774 SUPREME COURT REPORTS (2005] 3 S.C.R.

A was mentioned as 30.07.1941. It is thus seen that the respondent started
litigation for the correction of his date of birth after a gap of 35 years and
just four years of his retirement.

The Court of Civil Judge (Junior Division], Sitapur delivered its decision
dated 17 .07 .1999 in favour of the respondent with the direction to correct the
B date of birth from 30.07.1941to16.10.1945. Aggrieved by the orders passed
in the civil suit, the Parishad filed Civil Appeal No. 73 of 1999 before the
1st Addi. District Judge, Sitapur who by his order dated 07.08.1999 allowed
the appeal of the respondent and held that :

" ...... .It is admitted by the plaintiff that he himself put his signatures
c on'.the High School Examination Fonn. So he is responsible for the
entries in this 'form."

" ...... The evidence given by plaintiffin this case is not of such nature
that may be said to be leading to this irresistible conclusion that his
date of birth is 30.10.45 and, which may be said to the conclusive
D of
and irrefutable proof the fact that his date of birth is 30.10.45 and
that date of birth in his high school examination certificate i.e. 30.7.41
is incorrect and that it should be corrected. The finding of learned
lower court on this point cannot be upheld as the finding is not based
on such conclusive and irrefutable proof which may lead to the
E irresistible conclusion that the date of birth of plaintiff-respondent is
16.10.45 and finding on this point is liable to be set aside. Plaintiff/
respondent have failed to prove his allegation that his date of birth is
16.10.45 by any irrefutable conclusive proof. Point for determination
No.I is decided against the plaintiff/respondent and in favour of the
defendant-appellant. ......... "
F
The appellate Court also held that the respondent's suit was barred by
limitation as the relevant rules framed by the U.P. Board of Education had
not been followed by the respondent. As per Rule 7 of G.R. any application
for correction is to be made within two years of issuing certificate, while in
G the present case it was made after more than 15 years i.e. on 25.05.1981 and
the suit was filed on 07.04.1995.

Being aggrieved by the aforesaid order, the respondent filed Second
Appeal No. 334 of 1999 before the High Court. The High Court passed an
interim order dated 15 .09 .1999 directing the Secretary of the Parishad to
H enforce the decision dated 17 .07 .1999 passed by the trial Court with the
U.P. MADHYAMIK SHIKSHA PARISHAD r.R.K. AGNIHOTRI [LAKSHMANAN, J.] 775

condition that ifthe second appeal is dismissed benefit given by the judg~ent A
and decree of the trial Court would not be available to the respondent herein.
The High Court also stayed the operation of the judgment dated 07.08.1999
passed in Civil Appeal No. 73 of 1999. The High Court again passed ano~her
order dated 27.07.2000 to comply with the interim order dated 24.05.2000.
The High Court heard the second appeal and passed an order directing ~he B
Secretary of the U.P. Board to be present before the Court on I 0.08.2000 to
inform the Court whether the order dated 24.05.2000 had been complied with
or not. The notice was not conveyed to the Secretary till 09.08.2000. The
Secretary could not be present and the High Court issued a non-bailable
warrant and fixed the date of hearing on 28.08.2000. Aggrieved by the orde.rs
dated 24.05.2000 and 27.07.2000, the appellant filed the above special leave C
petition No. 16375-77 of 2000 before this Court. This Court stayed t~e
operation of the impugned orders on 02.03.2001. This Court allowed the
appeals and set aside the impugned orders and directed the High Court tO
dispose of the second appeal as expeditiously as possible. The High Court,
by the impugned judgment dated 10.03.2003, allowed the second appeal filed
by the respondent. Being aggrieved, the above appeal was filed by the appellani D
in this Court.

We heard Dr. R.G. Padia, learned senior counsel for the appellants and
Mr. B.B. Singh, learned counsel for the respondent and carefully perused the
judgments and other annexures filed along with the appeal. E
Dr. R.G. Padia, learned senior counsel appearing for the appellants,
made the following submissions at the time of hearing:-

I. The High Court has failed to appreciate that this Court in several
cases has held that correction in entries made in government
records on the basis of which the government servant got the · F
service, cannot be allowed to be changed, just a few years before
retirement;
2. The High Court has failed to appreciate that the respondent had
himself admitted that the signature in the High School
Examination form was signed by him and, therefore, his plea G
that the form was filled by his teacher is not at all sustainable
and has been taken just to seek extension of service;

3. The High Court on an erroneous appreciation of facts and law
held that there was a continuing cause of action;
776 SUPREME COURT REPORTS (200?] 3 S.C.R.

A 4. The High Court failed to appreciate that since the first appellate
Court held that the evidence produced by the respondent could
not be said to lead to irresistible conclusion that the correct date
of birth of the respondent is 16.10.1945 and there was no question
of law involved in the case and the High Court ought not to
have interfered in the matter by re-appreciating the evidence;
B
5. The respondent's claim regarding the correction of his date of
birth could not be entertained after several decades, specially on
the eve of superannuation.

Mr. B.B. Singh, learned counsel for the respondent, per contra submitted
C that the first appellate Court ignored the vital documents and oral evidence
which had been adduced before the trial Court and that the trial Court after
examining the documents came to the conclusion that the date of birth of the
petitioner was 16.10.1945. He has invited our attention to some of the
annexures filed along with the appeal.

D Mr. B.B. Singh further submitted that from the mere perusal of the
documentary and oral evidence led by the parties, it is established that the
respondent has agitated the matter of correction of date of birth in High
School Certificate as back as in the year 1967 and it is also established from
the records that the respondent had moved an application on 27.07.1991
E clearly stating that his date of birth was 16.10.1945 and the date of birth in
the High School Certificate has been wrongly mentioned as 30.07.1941 without
any basis and against the school records. Concluding his arguments, Mr. B.B.
Singh submitted that various documents and correspondences between the
respondent and the Education Department and with various others would
clearly show that the date of birth of the respondent was only on 16. l 0.1945
F and that the lower appellate Court had proceeded on altogether perverse
approach without considering the oral documentary evidence led by the
respondent/plaintiff and reversed the finding of the trial Court which was
based upon proper appreciation of the evidence.

From the above background of facts, the following questions of law
G arise for consideration:
(a) Whether the respondent's claim for change in date of birth from
30.07.1941 to 16.10.1945 is time barred;
(b) Whether the High Court committed an error in not appreciating
H the Government Notification and the law laid down by this
U.P. MADHYAMIK SHIKSHA I' ARI SHAD 1·.R.K. AGNIHOTRI [LAKSHMANAN. J.) 777

Court that the suit was barred by limitation; A
(c) Whether even on the evidence on record, it could be said that
the evidence was of such a nature as to lead to conclusive proof
of the date of birth of the respondent;
(d) Whether Rule 2 of the U.P. Recruitment Service (Determination
of the Date of Birth) Rules, 1974 stipulate that no application or ;B
representation shall be entertained for correcting any date or age
record and the entry made in the service book shall be deemed
to be the correct date of birth.

For the sake of convenience, Rule 2 of the above Rules, 1974 is C
reproduced hereunder :-

"2. Determination of correct date of birth or age.- The date of birth
of a Government Servant as recorded in the certificate of his having
passed High School or equivalent examination at the time of his entry
into the Govt. service or where a Government Servant has not passed D
any such examination as aforesaid or has passed any such examination
after joining the service, the date of birth of the age recorded in his
service book at the time of his entry into the Government service
shall be deemed to be his correct date of birth of age as the case may. ,
be for all purposes in relation to his service including eligibility for
pror.iotior., superannuation, premature retirement or retirement benefits E
and no application or representation shall be entertained for correction
of such date or age in any circumstances whatsoever."

In the instant case, the respondent had himself admitted tha\rl:!~ signature
in the High School Examination form was signed by him an1, the~ fore, his
plea that the form was filed by his teacher is not at all sustainable. We have 1F
also perused the judgment of the appellate Court. The appellate Court has
after appreciating facts and law rightly held that the suit was barred by
limitation as the relevant rules framed by the U.P. Board of Education had
not been followed by the respondent. As per Rule 7 of G.R., any application
for correction is to be made within two years of issuing certificate, while in G
the present case it was made after more than 15 years i.e. on 25 .05 .1981 and
the suit was filed on 07.04.1995. The High Court, in our view, has wrongly i
held that there was a continuing cause of action. Even if for the sake of
.....
arguments if it is accepted that document No. 63 [Ga] i.e. letter dated
I 3. I0.1981 was written, even then the respondent's suit was barred by
limitation as he filed the suit in 1995 after more than 14 years. The High H
778 SUPREME COURT REPORTS [2005) 3 S.C.R.

A Court has wrongly relied on the alleged application dated 27 .02.1971 and
Exhibit 63 & 64 and has failed to appreciate that the lower appellate Court
after perusing the evidence categorically held that the respondent could have
summoned the record from Kakori Shaheed Inter College, Jalalabad,
Shahjahanpur when he got admission in Class IX and documents of his date
B of birth should have been produced by him at the time of admission in Class
IX. These documents were the _best documents to prove the respondent's
case. The respondent's failed to produce these documents before the Court.
As rightly argued by learned counsel for the appellant, the respondent's
claim regarding the correction of his date of birth could not be entertained
after several decades, specially on the plea of superannuation. The respondent
C being an educated man having completed his education upto M.A.Lt. and
having remained in service for about four decades reaching the age of his
superannuation discovered his age as incorrect by over four years short to the
record one could be unthinkable and unbelievable. The respondent's date of
birth having been written and declared by him in his examination fOim for
High School and entered as such in High School Certificate and also entered
D as such in his service record by him, could not be changed without having
recourse to the law, the education rules and the service rules and the provisions
governing the respondent against settled law.

We have already noticed that the respondent's suit is time barred as he
E has filed the suit in 1995 whereas High School Examination Certificate which
is sought to be corrected is of 60 and this certificate was issued in time and
he is seeking this correction after 35 years. It may be mentioned at this point
of time that after the written statement of the defendant/appellant-herein the
plaintiff/respondent-herein has not filed any replications with counter allegation
that how and why his original suit is not time barred. This apart, any correction
F of any clerical error can be made if the candidate has drawn the attention and
has moved an application through concerned Principal within two years of
issuing the certificate. As per Rule 7 ofG.R. any application for such correction
is to be made within two years of issuing of the certificate. In the present
case, the respondent has not moved any application within two years of this
G certificate being issued through concerned Principal.

Learned counsel for the appellant has also relied on the following
judgments of this Court :-

1. State of U.P. and Ors. v. Gulaichi (Smt), [2003] 6 SCC 483.

H In this case, Rule 2 of the U.P. Recruitment of Service (Determination
779
---.
U.P. MADHY AMIK SHI KS HA PA RI SHAD t•.R.K. AGNIHOTRI [LAKSHMANAN, J.]

of Date of Birth) Rules, 1974 and U.P. Recruitment of Service (Determination A
of Date of Birth) (First Amendment) Rules, 1980 was under consideration by
this Court. This Court, after analysing various judgments referred to before
them, came to the conclusion as under :

"12. In the instant case the Rules and the Amendment Rules referred
to above clearly indicate the permissible area for correction of the B
date of birth. In view of the specific provisions made, it was not
permissible to effect change. Additionally, the first appellate court
and the High Court seem to have lost sight of the fact that the person
who endorsed changes was not authorized to do so. The original
service-book was produced before us by the learned counsel for the
appellants. Though the learned counsel for the respondent submitted
c
that we should not look into it, for the purpose of arriving at the truth,
we overruled the objection and looked at the original document, which
undisputedly was exhibited during trial. The entry i.e. 31-7-1929
appears to have been made simultaneously by one and the same
person at the time when other entries were made in FR Form 13. The D
respondent has herself signed the page at Serial No. 8, whereas the
entry relating to the date of birth is at Serial No.5."

2. State of Uttaranchal and Ors. v. Pitamber Dutt Semwal, (2002) 1
UPLBEC 441 SC.
E
In this case, here again, this Court was considering Rule 2 of the U.P.
Recruitment Service (Determination of Date of the Birth) Rules, 1974 and
held as under :

"6. These rules, the validity of which have not been challenged, clearly
stipulate that no application or representation shall be entertained for
F
correcting any date or age record and the entry made in the service
book shall be deemed to be the correct date of birth. Be that as it
may, even de hors the said rule, we are of the opinion that the plea
of the respondent that the date of birth was wrongly recorded was
highly belated. He joined service in 1964, the service book was G
prepared in 1965 and according to the appellant, he has signed the
...__ said service book at least on three occasions. In any case, the plea of
the wrong recording of the age in the service book has been taken,
nearly thirty years after the service book was prepared. In our opinion,
the Division Bench was in error in ignoring the provisions of the said
• H
--
780 SUPREME COURT REPORTS [2005) 3 S.C.R.

A Rule 2 and even otherwise, in the facts of this case, there was no '
occasion for the High Court to have interfered with the decision of
the appellant."

3. State of T.N. v. T. V. Venugopalan, [1994] 6 SCC 302,

B In this case, this Court held that the rule provided that an application
for alteration of recorded date of birth would be entertained only if made
within five years after entering the service. This Court held that an employee
already in service at the time of enforcement of such rule should make the
application for correction within five years from the date of enforcement of
the rule, otherwise he would lose his right to ma!.:-e such an application and
C the Government servant would not be permitted to challenge the entry at the
fag end of his service.

4. Executive Engineer, Bhadrak (R&B) Division, Orissa and Ors. v.
Rangadhar Mallik; [1993] Supp. 1 SCC 763.
D In this case, this Court was considering Rule 65 of the Orissa General
· Finance Rules stipulating that representation for correction of date of birth •
.
,,.
I=

made near about the time of superannuation shall not be admitted. This Court
held that the representation for correcting the date of birth made by respondent ~
18 years after is not maintainable in law since the entry regarding date of ,._
~-
E birth made in the service record was on the basis of the horoscope produced
by the employee himself and after obtaining his signature.
~.

5. Government of Andhra Pradesh and Anr. v. M Hayagreev Sarma,
[1990] 2 sec 682. t
_,
A.P. Public Employment (Recording and Alteration of Date of Birth) ')
F
Rules, 1984 was ur1uer consideration in this case by this Court. The date. of
birth of the employee was recorded in the service book on the basis of school
certificate at the tiqie of entry into service. The employee's application for·
r
alteration in the date of birth so recorded was finally rejected prior to coming
into force of the rules. A subsequent claim was made by the employee for
'i

G alteration after commencement of the rules. This Court held that the subsequent
claim for alteration after the commencement of the rules even on the basis
of the extracts of entry contained in births and deaths register maintained
under Births, Deaths and Marriages Registration Act, 1886 was not open.

6. Union of India v. Harnam Singh, [1993] 2 SCC 162.
H •

....
-- U.P. MADHYAMIK SHI KS HA PARISl·IAD v.R.K. AGNIHOTRI [LAKSHMANAN, J.)

In this case, there was a delay of five years in seeking for alteration
prescribed in Note 5 to FR 56(m) as substituted in 1979. This Court held that
78 l

A
0

those already in service prior to 1979, for a period of mo re than five years,
obliged to seek alteration within the maximum period of five years from the
date of coming into force of amended note 5 in 1979. Alteration sought by
the employee in 1991, 35 years after his induction into the service during B
which period he had several occasions to see the service book to raise any
objection regarding his date of birth cannot be allowed in view of unexplained
and inordinate delay.

7. Burn Standard Co. Ltd and Ors. v. Dinabandhu Majumdar and
Anr., AIR (1995) SC 1499. C
"Entertainment by High Courts of writ applications made by
employees of the Government or its instrumentalities at the fag end
of their services and when they are due for retirement from their
services, is unwarranted. It would be so for the reason that no employee
can claim a right to correction of birth date and entertainment of such D
writ applications for correction of dates of birth of some employees
of Government or its instrumentalities will mar the chances of
promotion of his juniors and prove to be an undue encouragement to
the other employees to make similar applications at the fag end of
their service careers with the sole object of preventing their retirements
when due. Extraordinary nature of the jurisdiction vested in the High E
Courts under Article 226 of the Constitution is not meant to make
employees of Government or its instrumentalities to continue in service
beyond the period of their entitlement according to dates of birth
accepted by their employers, placing reliance on the so-called newly
found material. The fact that an employee of Government or its F
instrumentality who will be in service for over decades, with no
objection whatsoever raised as to his date of birth accepted by the
employers as correct, when all of il sudden comes forward towards
the fag end of his service career with a writ application before the
High Court seeking correction of his date of birth in his Service
Record, the very conduct of non-raising of an objection in the matter G
by the employee, should be a sufficient reason for the High Court,
not to entertain such applications on grounds of acquiescence, undue
delay and laches. Moreover, discretionary jurisdiction of the High
Court can never be said to have been reasonably and judicially
exercised if it entertains such writ application, for no employee, who H
782 SUPREME COURT REPORTS [2005] 3 S.C.R.

A had grievance as to his date of birth in his 'service and Leave Record'
could have genuinely waited till the fag end of his service career to
get it corrected by availing of the extraordinary jurisdiction of a High
Court."

8. In The Secretary & Commissioner Home Department and Ors. v. R.
B Kirubakaran, JT (I 993) 5 SC 404, this Court held :

"An application for correction of the date ·of birth by a public
servant cannot be entertained at the fag end of his service. It need not
be pointed out that any such direction for correction of the date of
--
birth of the public servant concerned has a chain reaction, inasmuch
c as others waiting for years, below him for their respective promotions
are affected in this process. Some are likely to suffer irreparable
injury, inasmuch as, because of the correction of the date of birth, the.
officer concerned, continues in office, in some cases for years, within
which time many officers who are below him in seniority waiting for
D their promotion, may lose the promotion forever. According to us,
this is an important aspect, which cannot be lost sight of by the Court
or the Tribunal while examining the grievance of a public servant in
respect of correction of his date of birth. As such, unless clear ca~e
on the basis of materials which can be held to be conclusive in
nature, is made oa! by the respondent, the Court or the Tribunal
E should not issue. a direction, on the basis of materials which make
such claim only plausible and before any such direction is issued, the
Court must be fully satisfied that there has been real injustice to the
person concerned and his claim for correction of date of birth has
been made in accordance with the procedur.e prescribed, and within
time fixed by any rule or order. The onus is on the applicant to prove
F
about the .. rong recording of his date of birth in his service book .

....... As such whenever an application for alteration of the date of
birth is made on the eve of superannuation or near about that time,
the Court or the Tribunal concerned should be more cautious because
of the growing tendency amongst a section of public servants, to raise
G
such a dispute, without explaining as to why this question was not
raised earlier. In the facts and circumstances of the case, it is not
' recorded by the Tribunal."
possible to uphold· the finding

It is thus seen from the above quoted judgments that this Court has
H consistently taken the view that correction in entries made in Government
U.P. MADHYAMIK SHI KS HA PARISHAD v.R.K. AGNIHOTRI [LAKSHMANAN, J.] 783

records on the basis of which the Government servant got the service cannot A
be allowed to be changed just a few years before retirement or at the fag end
of his retirement.

In the instant case, the U.P. Recruitment to Services (Determination of
Date of Birth) Rules came into force w.e.f. 28.05.1974. Rule 2 of the Rule
was amended by the first amendment Rules, 1980 of 07 .06.1980. The existing B
rule and the substituted rule are extracted herein below:

COLUMN I COLUMN 2
(Existing rule) (Rule as hereby substituted)

2. The date of birth of Government 2. The date of birth ofa Government
c
servant as recorded in the certificate servant as recorded in the certificate
'"of his having passed the High School of his having passed the High School
or equivalent examination, or where or equivalent examination at the time
. a Government servant has not passed of his entry into the Government
any such examination as aforesaid, service or where a Government
the date of birth or the age recorded servant has not passed any such
in his service book at the time of examination as aforesaid or has
his entry into Government service, passed such examination after
shall be deemed to be his correct joining the service, the date of birth
date of birth or age, as the case may or the age recorded in his service
be, for all purposes in relation to his book at the time of his entry into E
service including, eligibility for the Government service shall be
promotion, superannuation, deemed to be his correct date of birth
premature retirement or retirement or age, as the case may be, for all
benefits, and no application or purposes in relation to his service,
representation shall be entertained including eligibility for promotion, F
for correction of such date or age in superannuation, premature
any circumstances whatsoever. retirement or retirement benefits, and
no application or representation shall
be entertained for correction of such
date or age in any circumstances
whatsoever.
GI
As per the existing rule, the date of birth or the age recorded in his service
book at the time of entry into the Government service shall be deemed to be
the correct date of birth or age, as the case may be, for all purposes and no
application or representation shall be entertained for correction of such date
or age in any circumstances whatsoever. H
784

A
SUPREME COURT REPORTS [2005) 3 S.C.R.

The amended rule of 1980 was deemed to have.come into force w.e.f
28.05.1974 and as per the substituted Rule, the date of birth or the age
-
recorded in the service book at the time of entry into the Government service
shall be deemed to be the correct date of birth or age, as the case may be,
for all purposes and tha0t no application or representation shall be entertained
for correction of date. of birth or age in any circumstances whatsoever. The
B respondent has given 1iis date of birth as 30.07 .1941 at the time of entry into
service which has also been recorded in the service records of the respondent.
The a.bove amended i:ule which come into force w.e.f. 07.06.1980 stipulates
that. no application. or representation shall be entertained for correction of
such date or age in any circumstances whatsoever and that the date of birth
C or age recorded in the service book at the time of his entry into government
service shall be deemed to be his correct date of birth or age as the case may
be for all purposes.

In view of the above rule, we hold that the correct date of birth of the
respondent is only 30.07.1941 and the claim now made by the respondent to
D correct his date of birth from 30.07.1941 to 16.10.1945 cannot at all be
entertained or encouraged.

We do find much force in the argument of the appellants counsel that
the suit was barred by limitation of time. In these circumstances, the
respondent's suit is liable to be dismissed and the findings of the lower
E appellate Court is to be affirmed and the order passed by the High Court is
liable to be set aside.

In view of the foregoing discussion, we have no hesitation to set aside
the judgment of the High Court dated 10.03.2003 in second appeal No. 334
F of 1999 and allow this appeal as prayed for by the appellant. However; we
order no costs.

D.G. Appeal allowed.