Delete rule on changing date of birth after joining service: court

The Madras High Court has said the State government should delete Rule 49 of the Tamil Nadu State Subordinate Service Rules which enables government servants to change the date of birth after entering service. In the same line, other service rules including Tamil Nadu State Judicial Service Rules and Regulations of government undertakings, corporations and government-owned banks are also required to be suitably amended. Similarly, the Centre should also suitably amend the concerned service rules. The court has suggested that the government may consider incorporation of a provision similar to Article 60 (a) of the Limitation Act; fixing three years time limit for an individual after attaining majority to correct the wrong date of birth. It is appropriate for the State and Central governments, corporation and undertakings to make it clear in the recruitment notification itself that the date of birth reflected in the academic certificates alone would be considered for entering service and it would not be allowed to alter subsequently till superannuation, even if there is a material mistake in the recorded date. This would put a full stop to government servants attempts to change their dates of birth during service. Justice N.Kirubakaran said this while dismissing a writ petition by M. Arumugam who sought to quash a letter of Tamil Nadu Agricultural University, Coimbatore, of September 27, 2010, rejecting his request for changing his date of birth. The petitioner, a doctorate in Agronomy, was appointed in October 1984 as an Assistant Professor in Kumaraperumal Farm Science Centre, Tiruchi. As per his SSLC book, his date of birth was April 13, 1952. In September 1989, he applied to the authorities, enclosing a copy of the birth certificate issued by the Sub-Registrar Office, Kalakad, showing his date of birth as April 12, 1953, to change his date of birth accordingly. He sent a reminder and also further representations. His representation of May 31, 2010 was rejected stating that there was no provision to change the date of birth at a belated stage. The petitioner's counsel said Rule 49 (c) only spoke about the application for changing the date of birth to be filed within 5 years from the appointment date. As the petitioner had proved his date of birth as April 12, 1953, his request should be considered. Mr.Justice Kirubakaran said the petitioner had not explained why he having made an application for altering the date of birth in 1989, followed it up till 1992, did not pursue the matter and only after 14 years renewed his claim in 2006. That would only show that at the fag end of his service, he wanted his date of birth changed to stick to his position depriving the chances of his juniors. He could not be allowed to take advantage of his own lapse. Merely because Rule 49 was available, it did not mean that candidates could change their dates of birth at their sweet will. Even as per Article 60 of the Limitation Act, only three years time from the date of attainment of majority of the ward is prescribed for the ward to challenge transfer of minor's property by the guardian during the ward's minority. When such is the position, the person concerned was required to change the wrong date of birth within three years of attaining majority.