Why matriculation certificate is looked differently in Juvenile Law and in Service Law: Reasons
1) In Service Law :Many times people give wrong birth date at time of joining service. Sometimes they do intentionally to gain some benefits and sometimes they do it due to bonafide mistakes.
Most service rules provide that such mistakes can be corrected within Two years of joining service. There are procedures prescribed under every rules.
Law is settled by Supreme Court that at fag end of service, neither government nor employee can change date of birth. The underlying principle is, for many years, employee keep getting benefits under certain age. Then, at time of his retirement, if he says that he is younger, entitled to more years of service,such plea cannot be entertained.
2) In Juvenile Law there are two relevant rules for this.
a) If a person was juvenile at time of committing crime, this question he can raise anytime. Even for first time in Supreme Court.
b) Juvenile Law says that Matriculation Certificate will be considered by courts as conclusive proof of age.
These are the main difference between these two laws.
The courts are bound to judge as per applicable laws.
Haresh Raichura
1/10/2013
-Haresh Raichura
