1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 542 OF 1999 Dnyanoba Jaiwantrao Kamble .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr.S.B.Talekar, Advocate for petitioner. Mrs. R.K.Ladda, Assistant Govt. Pleader for State. ............................ CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 09/08/2010 ORDER ORDER : 1. By way of present petition, the petitioner challenges the Judgment and Order passed by the learned Maharashtra Administrative Tribunal ( For short, ‘ Tribunal ’ ) dated 31/8/1998, thereby dismissing Original Application filed by the petitioner. 2 2. The petitioner claims to have entered into the service of Rural Broadcasting Department in the year 1967. According to the petitioner, his date of birth was wrongly entered as 3/3/1939, when as a matter of fact it ought to have been 3/3/1945. Subsequently, on abolition of the said establishment, petitioner’s service came to be absorbed in the Collectorate, Parbhani in the year 1976. The petitioner submitted an application to the Collector in the year 1976 for changing the entry with regard to date of birth. The same was rejected. Being aggrieved thereby, the Original Application was filed before the Tribunal. The same is dismissed. Hence, the present petition. 3. Mr. Talekar, the learned counsel submits that the Tribunal failed to take into consideration that the petitioner has 3 elder sisters and if the date of birth of the petitioner as 3/3/1939 is taken as true, then all his elder sisters would be younger than him. He submits that since the petitioner was appointed in Rural Broadcasting Department in the year 1967, he has made application in the year 1970 and as such the contention was not made within 5 years, is without substance. 4. Admittedly, the petitioner entered into service of Collector, Parbhani on 1/4/1976. From 1976 to 1994, no steps were taken by the petitioner to correct his date of birth. For the first time, in the year 1991, 3 such application is made. Rule 38 (2) of the M.C.S.R. General Conditions of Rules, 1981 provide that application for correction of entry as to the date of birth is to be made within 5 years from the date of entry in the service. Admittedly, the same has not been done. In so far as so called reliance placed by the petitioner on the Certificates of his elder sisters and brothers, the learned Tribunal has found that the petitioner has failed to establish that such application was in fact filed. 5. Interference by this Court is warranted only if any perversity is found in the impugned order. 6. No perversity is found in the order passed by the Tribunal. The petition is dismissed. Rule is discharged. However, there shall be no order as to costs. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 637.99 4