IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16893 of 2009 MUMTAZ ALI Versus THE STATE OF BIHAR & ORS ----------- 2. 29.01.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The controversy in this case is whether the date of birth of the petitioner is 19.4.1951 in which event he shall superannuate on 19.4.2011 as urged on behalf of the petitioner or is it 1.7.1950 when he shall superannuate on 1.7.2010 as urged on behalf of the respondents. The petitioner was appointed as a constable in the Police on 1.7.1969.The entry of his date of birth was made as 19 years. It is not in controversy that even if the claimed date of birth dated 19.4.1951 is taken into account the petitioner was clearly over 18 years and therefore was fully eligible for appointment on the relevant date. The petitioner relies upon the final matriculation certificate issued on 8.5.2003 by the Bihar School Examination Board certifying that his date of birth was 19.4.1951 and that he had passed the matriculation examination from Saran Academy, Chapra. The submission therefore is that the respondents cannot fix an imaginary date of birth contrary to that recorded in the matriculation certificate. This Court cannot loose sight of the fact that this controversy is sought to be raised barely an year before his retirement by the petitioner on 21.8.2009 by reference to the same in his application for a desired posting in the final years of his service. The presumption that may be attached to the matriculation certificate issued by government body under section 114 E of the Evidence Act is a rebuttable presumption. The petitioner claims to have passed the matriculation examination in 1967. He obtained his original certificate in May 2003. He claims to have passed the same from what appears to be a private institution at Chapra when there is no submission in the writ application that the institution was a government school. These are all factual maters to be enquired into by the respondents to their satisfaction and then a reasoned and speaking order be passed with regard to the conclusion of his date of birth arrived on such materials disclosed in the order preferably within a maximum period of two months from the date of receipt and/or production of a copy of this order. The writ application stands disposed off. Snkumar/- (Navin Sinha,J.)