High Court of Madhya Pradesh, Jabalpur: The Court recently addressed a petition for altering the date of birth of petitioner from 1956 to 1963 in all his service documents. For this, the counsel on his behalf submitted his primary education certificate indicating his date of birth to be 1963. Terming it to be a clerical error, he pleaded the Court to get it corrected.
On the other hand, the counsel for respondents contended that at the time of joining the services, the petitioner himself signed as well as gave his thumb impression on the documents containing his date of birth and thus, he was very well aware of the wrong entry of hid date of birth in the documents.
The Bench of Sujoy Patil, J. on hearing both the sides observed that the question raised in this petition was not at all res integra, but had many times been answered by the Supreme Court. It followed the judgment of Apex Court in Union of India v. Harnam Singh, (1993) 2 SCC 162 and Division Bench of the High Court in State of M.P. v. Mathura Singh in which it had been had that in absence of overwriting or clerical error, no alterations could be permitted in the date of birth of anyone pleading for the same. [Durga Prasad v. State of MP, 2017 SCC OnLine MP 1467, decided on 08.12.2017]
There are other similar judgments argued by me and decided by MP High Court.