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november 2010

Supreme Court of India · 2010-11-16

State Of Maharashtra & Anr vs Gorakhnath Sitaram Kamble & Ors

Court
Supreme Court of India
Petitioner
State Of Maharashtra & Anr
Respondent
Gorakhnath Sitaram Kamble & Ors
Author
Dalveer Bhandari
Bench
Deepak Verma, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that Rule 38(2)(f) of the Maharashtra Civil Services (General Conditions) Rules, 1981 prohibits alteration of an entry of age or date of birth in a service book after five years unless due to clerical error. The Court found that the High Court's interpretation of the rule, allowing a change at the end of the respondent's career, was erroneous and not supported by the established legal position. The appeal was allowed, and the High Court's judgment was set aside, reaffirming that changes to date of birth records are not permissible after the stipulated period.

State Of Maharashtra & Anr vs Gorakhnath Sitaram Kamble & Ors · Niyam