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Date of Birth once registered cannot be changed at the far end of service: Bombay High Court

Merely because an order has been passed by the Ld. CCJD and JMFC, Renapur allowing the application of the Petitioner made by way of a claim under Section 13(3) of the Birth and Death Registration Act, 1969 for change of date of birth to 12.03.1966, such change at this stage is impermissible. This judgment was delivered by division bench of Vacation Court comprising Hon’ble Justice S.S. Shinde and Justice Abhay Ahuja at Bombay High Court in the matter of Prabhakar Yashwant Salve v. The Chief Engineer and Ors. [WP. No. 99753 of 2020].

The petitioner in this present Writ Petition has alleged that in the year 2018-2019, Petitioner discovered that the date of birth mentioned in his School Leaving Certificate and S.S.C. Board Certificate was not correct. He therefore, made an application before the Gram Panchayat Office of his district, where upon a certificate of non-availability of birth and death dated 12.10.2020 as well as another certificate dated 31.01.2019 was issued to the Petitioner by Gram Panchayat Office. Petitioner then preferred an application by way of a claim under Section 13(3) of Birth and Death Registration Act, 1969 before the Court of J.M.F.C. at Renapur contending the non-availability of his date of birth entry. the learned CJJD and JMFC, Renapur allowed the application made by the Petitioner.

The court observed that “Though Petitioner relies on the order passed by the Learned CCJD and JMFC, Renapur allowing the claim of the Petitioner made under Section 13(3) of the Birth and Death Registration Act, 1969 and consequent birth certificate dated 27.12.2019 for change of date of birth to 12.03.1966, there is no material on record to indicate that the said document had been produced before the employer at the time of joining employment. In that background, the service record maintained by Respondent No. 1 discloses that the date of birth indicated in the document is 02.12.1962 which has been furnished by the Petitioner himself.”

The court while deciding upon the matter held that “in accordance with the decision of the Supreme Court in the Bharat Coking Coal Ltd. and Ors. v. Shyam Kishore Singh 2020 (3) SCC 411, Petitioner’s prayer for change in date of birth in the service register and consequential change of date of retirement cannot be entertained at the far end of service after accepting the same to be correct during the entire service. Moreover, the Petitioner’s counsel has not brought to the notice of this Court the relevant provision which enables JMFC to entertain the proceedings which were initiated by the Petitioner. In this view of the matter, we do not find any merit in the contentions raised in the Petition. Writ Petition is accordingly dismissed. Rule is discharged. There will however, be no order as to costs.”

 

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