Judgment ( 1. ) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking following relief: The respondents be directed to correct the date of birth of the petitioner in Form B and other service record by substituting 14. 11. 1956 in place in 22. 11. 1946. ( 2. ) THE contention of learned Counsel for the petitioner is that vide Annexure R/4 the date of birth which according to the petitioner is 14. 11. 1956 has been refused to be accepted by the Age Determination Committee (hereinafter referred to as the Committee) on the ground that the petitioner has only submitted the transfer certificate which is not acceptable under I. I. No. 76. The said instruction has been placed on record as part of Annexure P/9. The relevant portion of the said instruction B (i) (a) reads thus : (B) Review/determination of date of birth in respect of existing employees. (a) In the case of the existing employee Matriculation Certificate or Higher Secondary Certificate issued by the recognized universities or board or Middle Pass Certificate issued by the Board of Education and/or Department of Public Instruction and admit cards issued by the aforesaid Bodies should be treated as correct provided they were issued by the said Universities/board Institutions prior to the date of employment. ( 3. ) BY inviting my attention to annexure P/1 which is a marksheet of VIIIth class of petitioner which he passed from Govt. Middle School Amjhore in the year 1971 it has been contended by learned Counsel that the date of birth has been mentioned as 14. 11. 1956 in it and if that is the position, this mark sheet is a valid document for the purpose of Clause (a) (i) (B) of the said instruction No. 76. ( 4. ) ON the other hand, Shri Nair, learned senior counsel has submitted that the petitioner has filled and submitted "b" form which is statutory form and is filled in terms of Section 48 of the Mines Act, 1952 and if that is the position the petitioner has no case. He has also invited my attention to Annexure R/2 which is service register as well as annexure R/3 intimating the date of birth of the petitioner. According to learned Counsel the petitioner accepted the date of birth mentioned in these three documents. ( 5. He has also invited my attention to Annexure R/2 which is service register as well as annexure R/3 intimating the date of birth of the petitioner. According to learned Counsel the petitioner accepted the date of birth mentioned in these three documents. ( 5. ) HAVING heard learned Counsel for the parties, I am of the view that this petition deserves to be allowed in part. ( 6. ) ON going through annexure R/1 which is form b, it is gathered that no specific date of birth has been mentioned but it is only mentioned in it that on 22. 11. 1978 the age of the petitioner was 32 years. Similarly no specific date of birth has been mentioned in annexure R/2 and it is only mentioned that his age was 32 years on 22. 11. 1978. Thus it appears that the matter of the date of birth of the petitioner was referred to the Committee constituted under Insutructions No. 76. On going through the reasons assigned by the Committee, it is gathered that the contention of petitioner in regard to his date of birth was not taken into consideration for the simple reason that he submitted only transfer certificate. On going through the Annexure P/4, it is gathered that indeed it is a school leaving certificate. The translation of school leaving certificate in Hindi is Sthanantaran Praman Patra. This has been issued by the Principal of the Govt. Middle School. Apart from this on going through Annexure P/1 which is the marksheet of the petitioner of VIIIth class which he passed from Govt. Middle School, Amjhore it is gathered that the date of birth of the petitioner is 14. 11. 1956. The view of this Court is that these two documents annexure P/1 and P/4 i. e. the marksheet of middle school which the petitioner passed from Govt. Middle School as well as the school leaving certificate (Sthanantaran Praman Patra) are the relevant documents in order to meet out the requirement as contained in the above said instructions No. 76 (B) (i) (a ). ( 7. ) IN this view of the matter, the decision of the Committee Annexure R/4 so far as it relates to the petitioner is hereby quashed and the said committee is hereby directed to re-decide the case of the petitioner in regard to his date of birth. ( 7. ) IN this view of the matter, the decision of the Committee Annexure R/4 so far as it relates to the petitioner is hereby quashed and the said committee is hereby directed to re-decide the case of the petitioner in regard to his date of birth. The petitioner is directed to submit copy of Annexure P/1 which is mark sheet of VIIIth class and annexure P/4 which is School Leaving Certificate to respondent No. 3 who shall send these documents to the said Committee. The petitioner shall be free to file any other document in support of his contention which may be taken into consideration by the Committee, if the Instruction 76 permits. ( 8. ) WITH the aforesaid observations, this petition is allowed in part with no order as to costs.