1 S.B. CIVIL WRIT PETITION NO.2360/1997 BHAULAL VS. STATE OF RAJASTHAN & ORS. DATE OF ORDER : 22.10.2009. HON'BLE MR. GOVIND MATHUR, J. None present for the parties. By this petition for writ, a direction is sought by the petitioner for getting his date of birth changed in service record. The factual matrix necessary to be noticed is that the petitioner – a Class IV Employee in the office of District Education Officer (Boys), Barmer, while entering in service get his date of birth recorded as 1.7.1937. Subsequently, he represented that as per Horoscope, his actual date of birth is 10.7.1950. The petitioner also relied upon a cover note of insurance policy, wherein too, his date of birth is shown as 10.7.1950. The District Education Officer (Boys), Barmer forwarded the representation submitted by the petitioner to the Director, Primary and Secondary Education, Barmer for necessary action. As per the averments contained in petition for writ, no action was taken by the respondents and they decided to retire him from service on 30.6.1997 by treating 1.7.1937 as his date of birth. From the averments contained in petition for writ, it appears that main contention of the petitioner is that on 2 basis of the horoscope and the insurance cover note, his date of birth is required to be treated as 10.7.1950 and as such he should not be retired from service prior to 31.6.2010. A reply to the writ petition has been filed on behalf of the respondents stating therein that as per Service Role, recorded date of birth is 1.7.1937 and the contents of service role admitted by the petitioner himself by putting his signatures. It is also stated that merely on basis of horoscope and insurance policy cover note, no change can be made with date of birth entered in service role at the time of initial appointment. I have examined the record. The petitioner stated in petition that as per service record, his date of birth is 1.7.1937, but that was erroneously entered and as a matter of fact his date of birth is 10.7.1950. To substantiate the averment aforesaid, he has relied upon a horoscope and an insurance policy cover note. The petitioner, if wants any declaration and correction in his date of birth, then he is required to prove his case by adequate evidence and that could have been done only by way of filing a civil suit and not in writ jurisdiction of this Court. The genuineness of the claim made by the petitioner cannot be examined adequately by this Court while exercising powers under Article 226 of the Constitution of India. 3 Hence, this petition for writ is dismissed. However, it shall be open for the petitioner to agitate his cause by way of filing a civil suit or otherwise before appropriate forum, where he can lead necessary evidence to claim the relief as prayed for. (GOVIND MATHUR)J. Anil/