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The reasonable term for changing one’s date of birth is three years: Patna High Court

The employees are not entitled to have their dates of birth changed at the end of their employment and the reasonable term for changing one’s date of birth is three years is upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE P. B. BAJANTHRI in the case of Brijbihari Singh Vs. The State of Bihar (Civil Writ Jurisdiction Case No. 2091 of 2021)

Brief facts of the case are that this is an application for a writ of mandamus in the nature of certiorari to quashing the letter dated 20.07.2020 issued under the signature of the District Commandant, Bihar Home Guard, Bhojpur, wherein the date of birth of petitioner was illegally reassessed as 01.01.1961 when the actual date of birth of petitioner as per schooling certificate is 01.01.1963. The petitioner requests the court to direct the respondent to reassess the date of birth of petitioner as 01.01.1963 in place of his wrong date of birth 01.01.1961.

The petitioner entered the military in 1982, and his grievance is for the date of birth in his service record to be changed from January 1, 1961 to January 1, 1963. The petitioner was aware of the service record’s date of birth, which was 01.01.1961. The reasonable term for changing one’s date of birth is three years, and the Supreme Court has repeatedly decided that employees are not entitled to have their dates of birth changed at the end of their employment. As a result, the instant petition is rejected on the grounds of delay and laches in requesting correction of date of birth as 01.01.1963 in light of the Apex Court’s ruling.

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Judgement reviewed by – Pooja Lakshmi

 

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