WP(C) No.5891/2004 Page 1 of 4 * THE HIGH COURT OF DELHI AT NEW DELHI + Writ Petition (Civil) No.5891/2004 Date of Decision : 28.4.2009 PRATAP SINGH ALIAS RAM SINGH ……Petitioner Through : Mr.Rajesh Kumar for Ms.Anusuya Salwan, Advocate Versus AIRPORT AUTHORITY OF INDIA …… Respondent Through : Ms.S.Fatima for Ms.Anjana Gosain, Advocate. CORAM : HON’BLE MR. JUSTICE V.K. SHALI 1. Whether Reporters of local papers may be allowed to see the judgment? YES 2. To be referred to the Reporter or not ? NO 3. Whether the judgment should be reported in the Digest ? NO V.K. SHALI, J. (Oral) Proxy counsel for the petitioner seeks an adjournment on the ground that Ms.Salwan, Advocate is not well. Request for adjournment has been opposed by the learned counsel for the respondent. I have perused the previous orders also. Sufficient accommodation has been given to the learned counsel for the petitioner. Further request for adjournment cannot be granted in view of the fact that the matter seems to be dealt by the judgment of the learned Additional District Judge, Sonepat in Civil Appeal No. No.21/2005. WP(C) No.5891/2004 Page 2 of 4 1. The petitioner in the instant writ petition had sought correction in the date of birth recorded by the respondent where he was employed as Assistant General Manager (Operations). The date of birth which was recorded in the record of the respondent was 2nd May, 1945 while as the petitioner wanted the same to be changed to 4th February, 1947. The prayer set up by the petitioner was that he was born at Shahjahan Road, Tehsil and Post office Sonepat District Rohtak now Sonepat Haryana since his father was illiterate, & while getting the petitioner admitted in the school got his date of birth recorded as 02.5.1945 instead of 04.2.1947. The petitioner passed the Matriculation examination from Punjab University Chandigarh in the year 1962 where his date of birth got recorded as 2.5.1945. In 1994, the petitioner is purported to have visited his native place at Shah Jahanpur whereupon he learnt that his year of birth was actually 1947 which is before partition and not 1945, accordingly, he made a request to the Punjab University for making necessary correction regarding his date of birth in the Matriculation Certificate. This was followed by number of visits since the Punjab University did not oblige by correcting the date of birth with the result he was constrained to file a Civil Suit on 17.2.1995 in the Court of Civil Judge, Senior Division Sonepat for correction of the date of birth in the record of Punjab University. The learned Civil Judge passed a decree in favour of the petitioner directing the respondent in the said case to change the date of birth from 2.5.1945 to 08.2.47. WP(C) No.5891/2004 Page 3 of 4 2. Based on the aforesaid decree, the petitioner is purported to have made a representation in the month of February, 1995 to the Airport Authority of India i.e. the respondent herein for making necessary corrections regarding his date of birth in their record also where he was working as Assistant General Manager (Operations). The respondent directed the petitioner to produce the School Leaving Certificate and the Matriculation Certificate, however, the same was not done and the petitioner chose to file the present writ petition. The respondent have filed their counter affidavit and disputed the claim of the petitioner. In the meantime, the Punjab University filed an appeal against the judgment of the learned Additional District Judge, Sonepat dated 18.1.2005 directing the rectification of the date of birth by the Punjab University from 2.5.1945 to 4.2.1947. This appeal has been allowed by the Additional District Judge, Sonepat in favour of the Punjab University as early as on 24.9.2005 and therefore, the order passed by the learned Civil Judge, Sr. Division which formed a basis of rectification of the date of birth by the respondent herein is completely taken away. 3. The petitioner has not preferred any Second Appeal against the order of the additional District Judge dated 24.9.2005. Therefore, the decision of the learned Additional District Judge as on date stands that the date of birth which is recorded in the Matriculation Certificate issued by the Punjab University is the authentic proof about the date of birth of the petitioner which happens to be 2nd May, 1945. Accordingly, there is no merit in WP(C) No.5891/2004 Page 4 of 4 the petition of the petitioner for rectification of the date of birth from 2.5.1945 to 4.2.1947 as is sought by him in the prayer clause. 4. For the forgoing reasons, the writ petition of is without any merit and the same is dismissed. No order as to costs. V.K. SHALI, J. APRIL 28, 2009 RN