Judgment 1. Heard learned counsel for the petitioner, as well as learned S.C. 6 at length and also counsel for the Bihar School Examination Board. 2. The present writ application has been filed for quashing the order dated 9.7.2002 passed by the Respondent No. 5, Superintendent of Police, Kaimur at Bhabhua, as contained in Annexure-1, whereby the petitioner has been directed to superannuate from service with effect from 25.6.2002. A further prayer has been made that the petitioner be allowed to continue in service till the date of his superannuation treating his birth as 2.1.1945. It has further been contended that the petitioner be deemed to be continuing in service without break till that date when he superannuates in view of reaching the age of superannuation and other consequential financial benefits. 3. The short facts of the present case are that the petitioner was initially appointed as a Constable with effect from 23.2.1963 as contained in Annexure-3. Petitioners age in the service book was entered at that time as 22 years i.e. 1.7.1941. 4. Learned counsel for the petitioner has drawn the attention of the Court towards the judgment of a Division Bench of this Court in the case of murli Manohar Tiwary vs. The State of Bihar and Ors. (1986 PLJR 1180). In support of the contention, petitioner has pointed out the specific paragraph-6 of the said judgment that a decision has been taken by the State Government regarding correction of dates of birth mentioned in the service books of the police officers with reference to their matriculation certificates whether the same is applicable even to persons who have passed their matriculation examination after being appointed as a Constable. Reliance on the said part of the judgment is only to the effect that there was such a decision regarding correction of date of birth of an employee in the police department if the entry in his service book is not in view of the date given in his matriculation certificate. 5. Reliance on the said part of the judgment is only to the effect that there was such a decision regarding correction of date of birth of an employee in the police department if the entry in his service book is not in view of the date given in his matriculation certificate. 5. The contention of the petitioner is that as it would be clear from Annexure-1 itself, in the year 1976 when the petitioner was posted in Nalanda, the Superintendent of Police who was the competent authority, in view of aforesaid decision of the State Government, taking into consideration the fact that before entering into service, petitioner had already appeared in the matriculation examination though was not successful but in the admit card, tabulation register, school leaving certificate and other documents his date of birth has already been recorded as 2nd January, 1945. In view of said contention, the then Superintendent of Police, Nalanda in the year 1976 corrected his date of birth in the service book and entered 2nd January, 1945 as his date of birth. 6. The contention of the petitioner is that now at this belated stage when the petitioner is going to superannuate in few years of time, whether the present Superintendent of Police could recall the said order and change the date of birth of the petitioner in the service book on the ground that the petitioner has passed matriculation examination subsequently after entering into service and the benefit was only to accrue to the persons who had passed their matriculation examination before entering into service. 7. It is contended on behalf of the petitioner that said proposition regarding passing the matriculation examination before entering into service was only for the purpose of avoiding manipulation and other things so that after entering into service if a Constable sat into a matriculation examination as a private candidate and could have filled up any date and subsequently got his date of birth modified in his service book, the yardstick laid down by the State appears to be correct but only thing which is required to be seen as to the change of date of birth in the service book which was made in the year 1976 pursuant to the Government decision for such a change, the change had been done. 8. 8. Relying on the documents which were available to the petitioner prior to his entering into service, the aforesaid change had been allowed in the year 1976, by the competent authority. According to petitioner counsel his date of birth had been entered both in the records of the school concerned and the records of the Bihar School Examination Board, who had issued the admit card and other documents and the said date of birth had already been entered into tabulation chart and register of the Board at the time of registration of the petitioner candidature. 9. This Court thought it desirable to direct the Secretary, Bihar School Examination Board to produce the relevant original records pertaining to the writ petitioner. Today learned Government Advocate representing the Bihar Secondary School Examination Board has produced the original record which goes to show that before the petitioner entered into service, he had already been registered before the Secondary School Examination Board, admit card has been issued to him and all the documents go to show that his date of birth was 2nd January, 1945 before he had entered the service i.e. in the year 1962. 10. In view of aforesaid facts, argument made by learned counsel for the State has to be repelled that as on the relevant date he had not passed the matriculation examination, the entry into records of the Board and the school cannot be looked into for the said verification. The whole argument appears to be fallacious and in view of the same the decision arrived by the Superintendent of Police, Kaimur at Bhabhua is bad, Annexure-1 is quashed and the petitioner would be deemed to continuing in service in view of his earlier date of birth entered into his service book which was 2.1.1945 and shall be given all consequential financial benefit which may have been denied to him in view of any follow up action which has been taken in view of Annexure-1.