JUDGMENT S.N. Sahay, J. - The question involved for determination in this writ petition is whether the correct date of birth of the petitioner is 3rd December, 1931 or 20th July, 1932. The petitioner was initially appointed as a police constable and was retired from service from the post of Head Constable on 31-12-1989 on the ground that the date of birth of the petitioner is 3rd December, 1931. According to the petitioner, he had appeared in the High School examination in 1951 and after passing the supplementary examination the examination certificate (Annexure 3) was issued in which the date of birth iS mentioned as 20th July, 1932. The case of the petitioner is that he had also passed the Hindustani Final Examination 1947 and in the certificate issued for that examination (Annexure 2) the same date of birth i.e. 20 July, 1932 is indicated. If the petitioner's contention is to be accepted, he would have retired on attaining the age of superannuation on 31st July, 1990. 2. In this case it was clearly indicated in the order dated 2-1-1990 that the writ petition should be finally disposed of on the next date, and if the parties desire, they may file counter and rejoinder affidavits in the meantime. Since then no counter affidavit has been filed so far. The learned Standing Counsel has stated at the time of hearing that narrative of the case has been received from the department. The only plea that has been taken in narrative, for resisting the writ petition is that the petitioner's date of birth is 3rd December, 1931 and the same was entered in the service book of the petitioner and hence that will be deemed to be conclusive under Rule 2 of the U.P. Recruitment to Services (Determination of date of Birth) Rules, 1974. 3. From a perusal of Rule 2, it will appear that the first part of the rule declares that the date of birth of a Government servant recorded in the High School Examination Certificate at the time of entering into the Government service, shall be deemed to be the correct date of birth for all purposes in relation to his service including superannuation. The second part of the rule declares that if he has passed such examination after joining the service, the date of birth or the age recorded in his service book at the time of entering into the Government service, shall be dented to be the correct date of birth and no application or representation shall be entertained for correction of such date or age in any circumstances whatsoever. If on the basis of the High School examination certificate. 1952 (annexure 3) it is held that the petitioner had not passed the said examination at the time of his entry in Government service in 1951, the second part of rule 2 would be applicable to him. When a person passes a certain examination, the certificate of having passed the examination is issued in consequence thereof and the act of issuing the certificate is in the nature of a ministerial act the performance of which may take its own time. There is clear averment in para 2 of the writ petition that the petitioner had appeared in 1951 examination and had passed the same and it was only for the Hindi elementary paper that he was required to pass supplementary examination, which was held in 1952. This is also clear from Annexure 5 which indicates that the petitioner was declared to have passed under the foot-note to chapter 13, Regulation 1. The learned counsel for the petitioner has also produced a photostat copy of the Gazette Notification dated 13-10-1951 which shows that the date of birth of the petitioner is 20th July, 1932. These facts have not been refuted. So there is no reason to doubt the veracity of the petitioner. Rule 2 of the above mentioned rules, has been made with a view to impart certainty in respect of the date of birth or age of a Government employee or for all purposes in relation to service and the entry with regard to date of birth in the High School examination certificate has been made conclusive because it is expected that after so much of scrutiny preceding the said examination the correct date of birth would be entered in the certificate. The second part of the rule has been made to eliminate the possibility of any manipulation being made in the High School Examination Certificate as a Government servant who has not passed the said examination at the time of entering into service may be tempted to cause wrong entry to be made in the examination certificate for promoting his service interest. In view of the above discussion, since there is no room for doubting the statement of the petitioner that he had appeared in High School Examination in 1951 and had passed in all subjects except Hindi, before he entered into service and the date of birth as entered in the High School Examination records is 20th July, 1952. The object of the first part of rule 2 is fulfilled and so it is just and proper that the same is accepted to be the correct date of birth for the purpose of rule 2 and the service matter is regulated on that basis. 4. The writ petition is accordingly allowed and it is directed that the opposite parties shall treat the correct date of birth of the petitioner to be 20th July, 1932 and shall treat him to have continued in service till attaining the age of superannuation on the basis of that date and shall accordingly give all consequential service benefits to him. No order as to costs.