IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5116 of 2009 MD.QUTUB UDDIN, son of Md. Noor Mohammad, resident of village Bishanpur, P.S. Asharganj, District Munger Versus 1. THE STATE OF BIHAR through the Director General of Police, Bihar, Old Secretariat, Patna 2. The Director General of Police, Bihar, Old Secretariat, Patna 3. The Inspector General of Police (Head Quarter) Bihar, Patna 4. The Chairman, Police Selection Board Munger Range, Board No.1 cum Commandant Bihar Miltary Police-14, Patna 5. The Superintendent of Police, Munger ----------- 03/ 24.06.2009 Heard learned counsel for the petitioner and the Respondents. 2. Petitioner was an applicant for appointment on the post of constable in response to the Advertisement No. 1/2004, Annexure-4 to this application. Having undergone the selection process, he was invited to submit his joining under letter dated 27.12.2007, Annexure-7 to this application. In compliance of the direction contained in the said letter, he appeared for the verification of his certificates, but his joining was not accepted as the authorities noticed discrepancy in his date of birth recorded in the two certificates, namely, the Matriculation certificate issued by the Bihar School Examination Board and the Home Guard certificate on the basis of which he was considered in the selection process as a Home Guard. In the two certificates two different dates namely, 15.5.1970 in the Home Guard Certificate and 10.1.1973 in Matriculation certificate was recorded as his date of birth. Petitioner thereafter, filed representation before the superior authorities of the Department 2 for appropriate direction to accept his joining in the light of the age recorded in his Matriculation certificate. When the representation was not considered, he approached this Court by filing C.W.J.C. No. 4444 of 2008, which was disposed of under orders dated 19.3.2008, Annexure-9 to this application directing the authorities to consider his representation. In compliance of the order passed in the writ case, the Superintendent of Police, Munger has considered the representation of the petitioner and rejected the same under order dated 14.3.2008 and 15.4.2008 and has, accordingly, communicated such rejection to the superior police officer under letter dated 25.7.2008, Annexure-1 to this application. 3. Petitioner has filed this writ application for a fresh direction to the Superintendent of Police, Munger to reconsider the matter and to accept his joining on the basis of the age recorded in his Matriculation certificate, as according to the petitioner there may be error in recording his age while enrolling him as Home Guard by the authorities of the Home Guard. 4. From perusal of the communication dated 25.7.2008, Annexure-1, it appears that the Superintendent of Police, Munger has refused to accept the joining of the petitioner on the basis of the age recorded in the Matriculation certificate, as according to him the petitioner has committed crime by offering incorrect date of birth while getting himself enrolled as Home Guard. According to the learned counsel appearing for the 3 State, petitioner was enrolled as Home Guard in the year 1989 and as per the age indicated in the Home Guard certificate, he was below 18 years and ought not to have been enrolled as Home Guard in the 1989. 5. Aforesaid submission of the counsel for the State has been noticed only for being rejected, as for any irregularity which the petitioner committed in the year 1989 and secured appointment as Home Guard, should not be looked into for refusing him appointment as constable after he has undergone the selection process in the light of the Advertisement No. 1/2004, Annexure-4 to this application, all the more when the incorrect date of birth recorded in the Home Guard certificate, cannot be wholly attributed to the petitioner. The same may be on account of mistake committed by the Home Guard authorities and for such mistake petitioner, when he has succeeded in the selection process, should not be deprived of appointment. 6. Accordingly, I direct the Superintendent of Police, Munger to accept the joining of the petitioner in compliance of the instructions contained in letter dated 27.12.l2007, Annexure- 7 to this application. The joining must be accepted within one month from the date of receipt/ production of a copy of this order. 7. With the aforesaid observation and direction, this application is disposed of. Arjun/ ( V.N. Sinha, J.) 4