IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2393 of 2009 WAKIL AHMAD KHAN Versus THE STATE OF BIHAR & ORS ----------- 2 20/2/2009 Heard counsel for the parties. The dispute in this case relates to the date of birth. While official record of the petitioner maintained in the Government of Bihar till 25.4.1988 would reflect that the date of birth of the petitioner is 20.1.1947, it is the case of the petitioner that his actual date of birth is 20.1.1950. It was for this purpose that the petitioner was subjected to show cause notice as contained in latter of the Joint Secretary of Water Resources Department dated 16.9.2008. Pursuant to the said show cause notice the petitioner has relied on certain document including his matriculation certificate to contend that his actual date of birth is 20.1.1950. In the said show cause reply the petitioner did not say a word about authenticity or correctness of the date of birth as recorded in the official record or in the show cause notice pertaining to gradation list issued by the department in the year 1988 on 25.4.1988 showing again 2 his date of birth as 20.1.1947. That would mean that the petitioner had never sought to explain the aforesaid fact rather he wants to satisfy the authorities on the basis of his own document to show that earlier date of birth is incorrect. The problem does not end there. In respect of gazetted Government servant no service book is opened and thus when a dispute with regard to date of birth has arisen it could be resolved only on the basis of earlier entries of date of birth of petitioner made in the relevant Government record. Since the petitioner is disputing his date of birth, it would require leading of evidence and for that purpose the petitioner, if so advised, may file a civil suit wherein this question in presence of State Government can be effectively gone into with the help of all the documents/evidence. That being so, this application being wholly misconceived is hereby dismissed. (Mihir Kumar Jha, J.) Abhay Kumar