HIGH COURT OF A.P. versus N. SANYASI RAO

Citation: [2011] 13 S.C.R. 403 · Decided: 01-12-2011 · Supreme Court of India · Bench: RAJENDRA MAL LODHA · Disposal: Disposed off

Judgment (excerpt)

[2011] 13 (ADDL.) S.C.R. 403 
HIGH COURT OF A.P. 
v. 
N. SANYASI RAO 
(Civil Appeal No. 6964 of 2004) 
DECEMBER 01, 2011 
[R.M. LODHA AND H. L. GOKHALE, JJ.] 
A 
B 
Andhra Pradesh Public Employment (Recording and 
Alteration of Date of Birth) Rules, 1984 - rr. 2, 2-A, 2(4) -
Judicial officer - Date of birth - Correction of, in the service C 
record - Respondent in the application for recruitment to the 
post of District Munsif mentioned his date of birth as July 1, 
1949 on basis of his Secondary School Leaving Certificate 
- Meanwhile, decree passed in his favour (ieclaring his date 
of birth as March 29, 1953 - Subsequently respondent was o 
selected and at the time of joining, stated his date of birth as 
March 29, 1953 - In the service register two date of birth 
recorded, one on basis of the decree and other on basis of 
the School Leaving Certificate - Representation by the 
Judicial Officer to the Registrar, High Court for the correct E 
recording of his date of birth - After eight years, resolution 
passed by the High Court on the administrative side rejecting 
the representation - Writ petition by the Judicial Officer, 
allowed by the High Court -
On appeal, held: No 
determination of the Judicial Officer's date of birth was made F 
as contemplated and required in r. 2 - Nothing was shown 
about the firm date of birth recorded in the service record of 
the Judicial Officer - Judicial officer had not asked for any 
alteration in the date of birth but his prayer had been for 
recording correct date of birth in the relevant service record G 
- High Court on the administrative side, sat over the 
representation made by the Judicial Officer for about nine 
years - Resolution rejecting the representation was a non-
speaking order - High Court on the administrative side to 
403 
H 
404 
SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. 
A objectively determine the Judicial Officer's date of birth in 
accordance with the statutory provisions after giving an 
opportunity to the Judicial Officer - Impugned order is 
modified. 
8 
Respondent moved an application for recruitment to 
the State Judicial Service for the post of District Munsif 
and mentioned his date of birth as July 1, 1949 on basis 
of his date of birth shown in the Secondary School 
Leaving Certificate. Thereafter, he was selected and the 
appointment letter was issued. Meanwhile the respondent 
C obtained a decree in his favour declaring his date of birth 
as March 29, 1953. Therefore, at the time of joining the 
service on October 7, 1985, he referred to the decree and 
stated his date of birth as March 29, 1953. The District 
Judge opened his service register and his date of birth 
D was recorded as March 29, 1953 based on the decree and 
also showed his date of bi'1:h as July 1, 1949 based on 
the Secondary School Leaving Certificate. In 1989 the 
alteration was made in the education certificates in 
compliance of the decree. Thereafter the Judicial Officer 
E made a representation to the Registrar, High Court for the 
correct recording of his date of birth. After eight years, 
the High Court on the administrative side passed a 
Resolution rejecting the representation made by the 
Judicial Officer and communicated him the same. The 
F Judicial Officer sought review of the decision which has 
not been disposed of till date. The respondent-Judicial 
Officer filed a writ petition challenging the Resolution. The 
High Court allowed the same holding that he was entitled 
to get March 29, 1953 entered as his date of birth in the 
G service record. Therefore, the appellant-High Court of 
A.P. filed the instant appeal. 
Disposing of the appeal, the Court 
HELD: 1.1 Rule 2 of the Andhra Pradesh Public 
H Employment (Recording and Alteration of Date of Birth) 
HIGH COURT OF A.P. v. N. SANYASI RAO 
405 
Rules, 1984 requires a Government employee to make a A 
declaration in respect of his date of birth within one 
month from the date of his joining duty. The Judicial 
Officer joined his duty as District Munsif on October 7, 
1985 and made a declaration that his date of birth was 
March 29, 1953. As per Rule 2, on receipt of the B 
declaration, the Head of Office or any other officer who 
maintains the service records in respect of such 
employee, after making necessary enquiry, as may be 
thought fit with regard to the declaration so made by the 
employee and after taking into consideration the relevant c 
evidence adduced in respect of such declaration is 
requir

Excerpt shown. Read the full judgment & AI analysis in Lexace.