IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1546 of 2011 In Civil Writ Jurisdiction Case No. 15059 of 2010 With Interlocutory application No. 7344 of 2011 And Interlocutory application No. 7693 of 2011 In Letters Patent Appeal No. 1546 of 2011 ====================================================== Prof. Sheo Nandan Singh, Son Of Late Mahavir Singh, Resident of Village Gospur, Police Station Warisaliganj, District - Nawadah, Junior Scientist Cum Assistant Professor, Plant Breeding and Genetics in Oil Seeds at Agricultural Research Institute (ARI) Lohiyanagar, Patna-20 (Under RAU, Pusa), Presently Posted as Junior Scientist Cum Assistant Professor at B.A.C. Sabour under BAU, Sabour at Bhagalpur .... .... Petitioner/Appellant Versus 1. Rejendra Agriculture University, Pusa through its Vice Chancellor 2. The Vice-Chancellor, R.A.U, Pusa, Samastipur 3. The Director, Research R.A.U, Pusa Samastipur 4. The Director, Administration, R.A.U., Pusa Samastipur 5. The Deputy Director of Administration, R.A.U., Pusa, Samastipur 6. The Principal , B.A.U. Sabour Bhagalpur 7. Sri Ashish Ranjan, Son of Not known, Presently as Director Administration, R.A.U, Pusa Samastipur .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Devendra Prasad Singh, Advocate. For the Respondent/s : Mr. A.K.Upadhaya Mr. Samir Kumar Sinha, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 18-11-2011 Re. Interlocutory application No. 7344 of 2011: The delay of 101 days occurred in filing the Letters Patna High Court LPA No.1546 of 2011 (3) dt.18-11-2011 2 / 3 2 Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1546 of 2011 & Interlocutory Application No. 7693 of 2011: Feeling aggrieved by the order dated 17th May 2011 made by the learned single Judge in above CWJC No. 15059 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant, a Head of the Department in the Agriculture Research Institute, at present serving under the Bihar Agriculture University filed the above CWJC No. 15059 of 2010 under Article 226 of the Constitution for a direction against the respondent no. 1 Rajendra Agriculture University to forward the service book of the appellant to the aforesaid Bihar Agriculture University where the appellant is now posted. Under the seemingly innocuous prayer the appellant appears to have a special design. It is the case of the Rajendra Agriculture University that the service book of the appellant lying with the Rajendra Agriculture University has been lost. Whereas the appellant has produced a photocopy of the service book from his custody which the appellant seeks to rely upon. According to the entries made in the said photocopy of the service book, the date of birth of the appellant is recorded as 25th December 1958. It is apparent that the appellant intends to push the said photocopy of the service book to authenticate his date of birth as 25th December 1958. It is not in dispute that the appellant passed S.S.C. examination in 1967. It is hard to believe that the appellant had passed the SSC examination at the age of eight years. According Patna High Court LPA No.1546 of 2011 (3) dt.18-11-2011 3 / 3 3 to the University and its record the date of birth of the appellant is recorded as 29th December 1952. In view of the aforesaid dispute the learned single Judge has directed that the date of birth of the appellant be verified from the matriculation certificate of the appellant. The appellant is directed to produce such certificate. Learned Advocate Mr. Devendra Prasad Singh has appeared for the appellant. He has vehemently argued that the date of birth of the appellant was recorded in the service book after verifying the dates from the school leaving certificate. The appellant, therefore, cannot no be called upon to produce such certificate again. We see no substance in the submission made by Mr. Singh. The school leaving certificate is accepted as an authentic document for verification of the date of birth of the concerned person. If the appellant has been called upon to produce the school leaving certificate in support of his claim, the same is wholly justified. It is the only way the dispute can be resolved. No case for interference is made out. Appeal is dismissed in limine. Interlocutory application stands disposed of. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)