Madhya Pradesh High Court

Recorded date of birth is conclusive and cannot be corrected at the fag end of service.

Ashok Khan vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: March 24, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was initially engaged as a daily wager and later regularized as an Orderly on August 13, 1996

Source reference: para. 2

Following a medical examination where a Medical Officer certified his age as 35 years, his date of birth (DOB) was recorded in his service book as October 19, 1961

Source reference: para. 2

On December 10, 2021, nearing his retirement, the petitioner applied to correct his DOB to May 19, 1969, based on his Aadhar Card, PAN Card, Driving License, and a birth certificate obtained on October 25, 2021

Source reference: paras. 3, 6, 7

The respondent Corporation rejected the request on January 19, 2022, and again on October 4, 2023, following the withdrawal of a previous writ petition

Source reference: paras. 3-5

The petitioner retired on October 31, 2023, based on the original service record

Source reference: para. 5
02

Issues

1. Whether the respondent Corporation was justified in rejecting the petitioner's request for correction of his date of birth at the end of his service career.

Source reference: para. 1, 13

2. Whether documents such as Aadhar cards, PAN cards, and birth certificates obtained shortly before retirement constitute "irrefutable proof" sufficient to override the service book entry under Rule 84 of the M.P. Financial Code.

Source reference: para. 14
03

Law Applied

Rule 84 of the M.P. Financial Code, which mandates that the date of birth declared and recorded at the time of appointment is "absolutely conclusive" and prohibits revisions except in cases of clerical errors

Source reference: para. 9

State of M.P. v. Premlal Shrivas (2011) 9 SCC 664, which established that courts must be circumspect in correcting DOB entries at the "fag end" of a career and that the onus is on the employee to prove a clerical error

Source reference: para. 10

Secretary and Commissioner Home Department v. R. Kirubakaran (1994) Supp. (1) SCC 155, holding that DOB corrections have a "chain reaction" affecting the seniority and promotion of others, thus requiring evidence of an "unimpeachable character"

Source reference: para. 11
04

Reasoning

The court found that the petitioner’s DOB was recorded in 1996 based on a medical certificate, and he failed to take any steps for correction for 25 years until 2021

Source reference: para. 13

Applying Rule 84 of the M.P. Financial Code, the court noted that the petitioner did not claim a "clerical error," but sought a substantive change, which is prohibited once the entry becomes conclusive

Source reference: para. 13

Regarding the supporting evidence, the court observed that the Aadhar card, PAN card, and Driving License were prepared long after the petitioner’s birth without a clear foundational basis for the dates recorded therein

Source reference: para. 14

Crucially, the birth certificate was obtained only in October 2021, suggesting it was procured specifically to extend service

Source reference: para. 14

Following the precedents in Premlal Shrivas and R. Kirubakaran, the court determined that the petitioner slept over his rights and failed to produce "irrefutable proof" to justify a late-career modification

Source reference: paras. 10-13
05

Holding

The High Court dismissed the writ petition, holding that the respondent Corporation’s decision to reject the DOB correction was just and proper

The court affirmed that the date of birth recorded at the commencement of service is binding, especially when the request for change is made at the end of the service career without evidence of a clerical error

Source reference: paras. 13, 15

No relief was granted to the petitioner

Source reference: para. 15
Madhya Pradesh High Court

Original Court PDF

Ashok KhanvsThe State Of Madhya Pradesh

Madhya Pradesh High Court · March 24, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment