Judgment 1. This petition has been filed as a Public interest Litigation, in effect, praying that a writ of quo warranto examine the status of respondent no. 5, Ashok Kumar, Superintending Engineer, Road Construction Department at present Engineer-in-Chief, Road Construction Department, Bisheshwaraiya Bhawan, Bailey Road, Patna from continuing on his post, though is retired on 1 August 2001. At the out set the Court needs to mention an objection taken by respondent no. 5, Ashok Kumar that the person who has filed the petition is in fact not a social worker but a contractor who has filed a petition with an oblique motive with malafide intention. By now the Court has seen the issues as have been presented in the petition and the Court has before it the original record produced by the State of Bihar. 2. The retirement of respondent no. 5 is in issue and is embroiled in a controversy. The date of birth as given by the respondent no. 5 subsequently and the change sought by him has resulted in a controversy. Thus, the controversy is of the making of respondent no. 5. At the time when he sought appointment with the Government of Bihar, the application was made in pursuance of an advertisement No. 85/64. As on the date when the applications were invited i.e. 1 August 1964 as from the general category candidates, the age was to be not less than 21 years. While applying for a job this respondent declared his age as 1 August 1943. Thus, as on 1 August 1964 he was exactly 21 years. He received an appointment as Assistant Engineer (Civil) with the Public Works Department, Bihar. 3. The original record which has been placed before the Court shows that on 21 April 1982 this respondent sought a change in his date of birth. In this application lying on record no details are given except that he made a request to the Bihar School Examination Board for correction of his date of birth. He had appended a photo copy of an earlier application. In the photo copy he mentions that his date of birth should be 1 August 1944 and not 1 August 1943. The original high school certificate issued on 1 December 1957 records the date of birth as 1 August 1943. This respondent apparently succeeded in having his date of birth corrected at the Bihar School Examination Board. In the photo copy he mentions that his date of birth should be 1 August 1944 and not 1 August 1943. The original high school certificate issued on 1 December 1957 records the date of birth as 1 August 1943. This respondent apparently succeeded in having his date of birth corrected at the Bihar School Examination Board. The Joint Secretary, Bihar School Examination Board by his order dated 8 February 1983 permitted the change in the date of birth. The respondent was required to pay Rs. 30/- as penalty for seeking the correction in the records. Later with a correction in the date of birth now recording it as 1 August 1944 this respondent approached the department to seek a change in the service book record at the department. The change of date was permitted. The service record was corrected. 4. As on 1 August 2001 this respondent ought to have retired. But as he has succeeded in having the date of birth changed an issue was created and it was to come on the surface sooner or later. As this respondent continued in service the present petition was filed. But examining the totality of the circumstances it is not relevant who the petitioner is. What is relevant is the record of the State of Bihar which is being rendered in a circumstance that some one is taking advantage by being in service beyond the age of retirement and perhaps receiving an unlawful material and monetary gain by receiving a salary which should not be paid and consequently pension benefits which cannot accrue. 5. Now the arithmetic if the change in the date of birth is permitted. If the change is permitted it will lead to ridiculous results. Then respondent no. 5 would be 20 years of age on 1 August 1964. This would be a ridiculous proposition that being under age he was given Government service and had received salary when he was not entitled even to the job. The plain question which arises is one of estoppel first. Assuming that the change as was permitted in the date of birth, the overall and underlying circumstances perhaps had not been visualised by the Bihar School Examination Board also. This respondent was seeking a change in the date of birth for a purpose; one year extension in service. The plain question which arises is one of estoppel first. Assuming that the change as was permitted in the date of birth, the overall and underlying circumstances perhaps had not been visualised by the Bihar School Examination Board also. This respondent was seeking a change in the date of birth for a purpose; one year extension in service. If granted, the Court has no hesitation in declaring that this respondent may be liable to refund the entire pay as he was not eligible for the job. This would be an anomaly. At the time when the petitioner was offering himself as a candidate for the job of an Assistant Engineer, he gave the State of Bihar to understand that he was eligible for the job. The evidence which this respondent was generating, if produced when he applied for the post of an Assistant Engineer, would have sent his application to the waste paper basket. Even today if this respondent is permitted to change his date of birth then it would simply amount to an evidence which could be and was not produced, would, if produced, be unfavourably to the person who holds it. This is the principle of adverse presumption otherwise referred to in Section 114 (g) of the Indian Evidence Act, 1872. This respondent gave a date of birth as 1 August 1943 which made him eligible for the job. Estoppel bars this respondent to reduce his age, because then he would not be eligible for the job. 6. In the circumstances of this case, a writ of certiorari issues to certify that whatever be the date of birth as was recorded, will be understood as his age when this respondent sought the job. This date is 1 August 1943 and not 1 August 1944. The record is so certified. 7. The petition succeeds.