ALLAHABAD HIGH COURT
PRAYAG
In an important decision Allahabad High Court has held that the date of birth recorded for the first time in the service book of an employee cannot be modified.
Passing the above said order Mr Justice Manjeev Shukla , rejected the petition of Kavita Kuril, a teacher working in a primary school in Jhansi district.The court said that even if the date of birth is amended and corrected, the date of birth recorded in the service book at the time of employment cannot be amended in the service book later.
According to the petition, the teacher had challenged the order dated April 19, 2023 of the Basic Education Officer, Jhansi. Later the said officer withdrawn his previously passed order dated May 25, 2023 and refused to modify the date of birth recorded in the teacher’s service book under Rule 2 of the Birth) Rules, 1994.
The Council for the petitioner said that according to the petitioner’s high school certificate, the date of birth is November 3, 1967. The Secondary Education Council has also corrected this considering it a mistake in the certificate.
In such a situation, on the basis of the high school certificate, under the above rules, the date of birth of the petitioner teacher should be recorded as 3 November 1967 instead of 3 November 1960 in the service book of the petitioner teacher. The appointment was made in 2006.
On behalf of Basic Education Officer, Jhansi, Advocate Ramanand Pandey, said that the petitioner was appointed as an assistant teacher in Auraiya in the year 2006. According to the high school certificate, the age of the petitioner at that time was recorded as 3 November 1960.
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