LexNARINDER KAUR versus PUNJAB & HARYANA HIGH COURT & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2011] 2 S.C.R. 535
NARINDER KAUR
v.
PUNJAB & HARYANA HIGH COURT & ORS.
(Civil Appeal No(s). 1380 of 2011)
FEBRUARY 04, 2011
[J.M. PANCHAL AND H.L. GOKHALE, JJ.]
Service Law - Date of birth - Change in service record
A
B
- Application by appellant-Civil Judge within two years from
date of her entry into Government service to correct date of C
birth from 26.01.1971 to 09.01.1972 - Rejection of, by the
Registrar of the High Court - Writ petition also dismissed ~ ·
On appeal held: No material was produced on record to show
that the appellant took undue advantage of the recorded date
of birth - After receipt of the application for change of birth
D
date, no inquiry undertaken by the High Court - It was
preposterous on the part of the High Court to assume that the
members of the Selection Committee while selecting the
appellant as Civil Judge must have been influenced by the
' l
age of the appella11t declared by her in the application form
E J
for selection - Director, Health & Family Welfare-cum-Chief
Registrar, Births and Deaths filed affidavit to the effect that the
correct date of birth of the appellant as per births and deaths
. record was 09.01.1972 - Presumptive value is attached to
· birth and death records - T.h11s, application made by appellant F
to change he.r date of birth from 26.01.1971 to 09.01.1972 is
allowed - Punjab Financial Volume I Rules, 2001 - Punjab
Financial Volume I (Haryana First Amendment) Rules, 2001.
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
1380 of 2011.
G
From the Judgment & Order dated 20.04.2006 of the High
Court of Punjab & Haryana at Chandigarh in CWP No. 16151
of 2003.
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. I
...
535
H
536
SUPREME COURT REPORTS
[2011] 2 S.C.R.
A
P.N. Mishra, Harikesh Singh, T. Singh, Sohovan, Kamal
B
Mohan Gupta for the Appellant.
Manjit Singh, Ajay Pal, Abha Jain, Naresh Bakshi for the
Respondents.
· The following order of the Court was delivered
ORDER
Leave granted.
C
This appeal is directed against the judgment dated
20.4.2006 rendered by the High Court of Punjab & Haryana at .
Chandigarh in CWP No.16151 of 2003 by which the prayer
made by the appellant to quash order dated 12.5.2002 passed
by the Punjab & Haryana High Court at Chandigarh on its
D administrative side declining the request made by the appellant
for effecting change in her date of birth from 26.1.1971 to
9.1.1972 is rejected.
From the record of the case, it is evident that the appellant
E was selected to the Haryana Civil Services {Judicial) and was
posted as Civil Judge {Jr. Division) Ambala City. She joined
her duties on 20.5.2000. The case of the appellant is that her
date of birth is 9.1.1972 but it was wrongly mentioned in the
records as 26.1.1971, on the basis of factually incorrect birth
. F certificate wherein her date of birth was shown to be 26.1.1971.
The Governor of Haryana in exercise of powers conferred by
clause (2) of Article 283 of the Constitution made Punjab
Financial Volume I {Haryana First Amendment) Rules, 2001
amending certain provisions of Punjab Financial Vol.I Rules
G 2001 providing inter alia that in regard to the date of birth, a
declaration of age made at the time of, or for the purpose of
entry into Government service, shall as against the Government
employee, be deemed to be conclusive unless he applies for
correction of age as recorded within two years from date of his
, entry into Government service and when such an application
H
NARINDER KAUR v. PUNJAB & HARYANA HIGH
537
. COURT & ORS.
is made a special inquiry shall be made to ascertain correct
A
age by making reference to all available sources of information
such as certified copies of entries in the municipal birth
register, university or school certificate indicating age, Janam
Patrika, horoscopes etc. ·
The appellant realising that her date of birth was wrongly
recorded in the birth certificate, as 26.1.1971 made an
application dated 12.4.2002 i.e. within two years from the date
B
of her entry into Government service, requesting the authority
concerned to change her date of birth from 26.1.1971 to
C
9.1.1972. By communicating a non-speaking order dated
12.5.2002, the appellant was informed by the Registrar of
Punjab and Haryana High Court, Chandigarh that the
representation made by her seeking change in her date of birth
was rejected by the High Court.
Feeling aggrieved, the appellar.i filed CWP No.16151 of
2003 before the High Court. TExcerpt shown. Read the full judgment & AI analysis in Lexace.