IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. : 16012 of 2008. Reserved on: 06.11.2009. Decided on: 10.11.2009. _________________________________________________________ Shri Hans Raj … Petitioner. -Versus- State of H.P. and Others …Respondents. Coram: The Hon’ble Mr. Justice R.B. Misra, Acting Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner : Mr. M.C. Verma, Advocate For the respondent No.1 to 3 : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. J.K. Verma, Deputy Advocate General. For the respondent No.4 : Mr. Lovneesh Kanwar, Advocate. The petitioner was appointed as Junior Basic Trained (J.B.T.) teacher on regular basis on 14th December, 1994. In his service record, date of birth was recorded as 4.10.1958 on the basis of matriculation certificate. The case of the petitioner, in-shell, is that in fact his date of birth as per the Parivar Register is 22.12.1961. The petitioner has not placed 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - on record any representation/application whereby he has sought change in the date of birth from 4.10.1958 to 22.12.1961. The only averment in the petition is that he had been making representations since year, 2000. It is necessary for an employee to make a representation/application for the correction of date of birth within a reasonable time. There is presumption of truth attached to the date of birth recorded in the matriculation certificate. It cannot be presumed that the petitioner was not aware of his date of birth in the service record, i.e., 4.10.1958. Mr. M.C. Verma, learned counsel for the petitioner has submitted that his client came to know about the date of birth recorded in the Parivar register, i.e., 22.12.1961 when he visited the Gram Panchayat. This cannot be believed. The petitioner knew about the date of birth recorded in his service record, i.e., 4.10.1958 at the time of his appointment as J.B.T. teacher on 14th December, 1994. In these circumstances, the respondents cannot be directed to alter the date of birth from 4.10.1958 to 22.12.1961. Consequently, there is no merit in this petition and the same is dismissed. No costs. (R.B. Misra) Acting Chief Justice (Rajiv Sharma) Judge November 10, 2009. bhupender - 3 - - 4 -