IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1415 of 2007 (S/S) Harbans S/o late Sri Jhakari Permanent resident of Village Mundera Tehsil Hota, District Kusinagar At present Watchman, A.N.K. Inter College, Gularbhoj, Tehsil Gadarpur District Udham Singh Nagar. . Petitioner ...………… [ Versus 1. A.N.K. Inter College Gularbhoj, Tehsil Gadarpur District Udham Singh Nagar Through its Managar 2. District Inspector of Schools Udham Singh Nagar. 3. Director of Education State of Uttaranchal 4. District Education Officer Udham Singh Nagar. 5. Principal, A.N.K. Inter College Gularbhoj, Tehsil Gadarpur District Udham Singh Nagar. ...…………. Respondents Mr. M.M. Tiwari, Advocate holding brief of Mr. Vijay Bhatt, learned counsel for the petitioner. Mr. N.P. Sah, learned Standing Counsel for respondents No. 2, 3 & 4. Mr. Manoj Tiwari, learned counsel for respondent No. 5 Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus, commanding the 2 respondents to refer the issue relating to age of the petitioner to the Medical Board. 3) Brief facts of the case are that the petitioner is working as watchman (Chowkidar) in A.N.K. Intermediate College, Gularbhoj, Tehsil Gadarpur, District Udham Singh Nagar. The employees of said College are governed under the provisions of Intermediate Education Act, 1921 and regulations framed thereunder. Admittedly, the petitioner was appointed as Chowkidar on 05.07.1976. The petitioner’s case is that his actual date of birth is 10.07.1958, and not 11.06.1948, as mentioned in his service record. There is no explanation in the writ petition as to why this issue is raised just before the retirement by filing the writ petition in the year 2007. 4) Learned counsel for the respondents drew attention of this Court to the counter affidavits filed by them and pointed out that if the contention of the petitioner is accepted as to the date of birth alleged by him, then he becomes under age at the time he joined his service. 5) Having considered the averments made in the affidavit, counter affidavits and rejoinder affidavit and the contentions of learned counsel for the parties, this Court is not inclined to accept the school leaving certificate relied by the petitioner (copy of which is Annexure –1 to the writ petition), as the said date is against the date mentioned in the affidavit dated 20th November 1980, sworn by the petitioner himself (copy of which is Annexure –2 to the 3 writ petition), in which it has been specifically stated by the petitioner that his date of birth is 11th of June 1948. 6) In the above circumstances, this writ petition is devoid of merits, and the same is liable to be dismissed. The writ petition is dismissed. (Urgency Application No. 1061 of 2008 also stands disposed of, accordingly). (Prafulla C. Pant, J.) [ Dt. June 30, 2008. H.Negi