1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 4663 OF 1997 Smt. Raziyabegum D/o Gaus Mohiuddin Age : 44 Yrs., Occ. Assistant Teacher R/o : Aurangabad. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court, Bench at Aurangabad. 2. The Secretary Anjuman Ishate Talim Zia-Ul-Uloom Girls’ High School, Aurangabad. 3. The Head Mistress Zia-Ul-Uloom Girls’ High Primary School, Buddhi Lane, Aurangabad. 4. The Education Officer Zilla Parishad (Primary), Aurangabad. .... RESPONDENTS Mr. A.S.Golegaonkar, Advocate for petitioner. Mr. V.D.Rakh, Assistant Govt. Pleader for State. 2 CORAM : B.R. GAVAI AND S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 21/6/2010 ORAL JUDGMENT : [ PER - B.R. GAVAI, J. ] 1. By way of present petition, the petitioner has approached this Court challenging the notice served on the petitioner, which requires the petitioner to retire on 30/10/1997. 2. According to the petitioner, though the petitioner’s real date of birth is 10/1/1953, it has been wrongly entered into her school record as 10/10/1939. The petitioner submits that since her date of birth was wrongly entered and erroneous entry has also been recorded in her service record and though she has represented for changing entry in the year 1994-95 and also in 1997, no steps were taken. 3. It is settled law that if any application for changing the entry pertaining to the date of birth is to be made, the same has to be made within the statutory period as prescribed within the rules or if no such period is prescribed, within the reasonable period. By judicial pronouncement, the Apex Court has observed that the reasonable period should be the period of 5 years. Admittedly, the application for effecting the change in the entry regarding the date of birth, has not been made within the statutory period or within 5 years from the date of entry into service and was made at the fag end of the service career. 3 4. In that view of the matter, no merit is found in the petition. The petition is dismissed. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 4663.97