(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. A.J. Shastri, learned counsel appearing for the appellant and Mr. Rakesh R. Patel, learned Assistant Government Pleader appearing for the respondent No.1.
2. This Intra-Court Letters Patent Appeal has been filed challenging the order dated 16.7.2012 passed by the learned Single Judge in Special Civil Application No.15686 of 2011.
3. The appellant filled the form for the post of Uchchatar Prathmik Shikshak. The appellant has filled his date of birth in the application form as 1.6.1978. According to the advertisement, the age of the candidate may not be more than 33 years as on 21.7.2011. As per the terms of the advertisement, the appellant was overage.
4. Learned counsel for the appellant has urged that the appellant came to know that the respondents are not accepting the date of birth mentioned in the School Leaving Certificate and they are accepting the date of birth mentioned in the Birth & Death Register. Therefore, the appellant produced the Certificate of the Birth & Death Register wherein the date of birth of the appellant is mentioned as 4.12.1978. Therefore, if the date of birth of the appellant mentioned in the Birth & Death Register is accepted, then the appellant would be within the age limit and will not be overage.
5. On a query made by us, learned counsel for the appellant fairly admitted that in High School, Intermediate and Graduation certificates, the date of birth of the appellant is recorded as 1.6.1978. Therefore, now it is not open to the appellant to say that his date of birth as mentioned in the Birth & Death Register is correct. For the aforesaid reasons, in our opinion, the respondents or the learned Single Judge did not commit any error in dismissing the claim of the appellant.
6. For the aforesaid reasons, we do not find any merits in this Letters Patent Appeal. This Letters Patent Appeal fails and is accordingly dismissed.
7. Since the appeal has been dismissed, civil application would not survive and it is accordingly dismissed.
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[V. M. SAHAI, J.] Sd/-
[G. B. SHAH, J.] Savariya