Dismissal from Service--Divergence in Date of Birth Across Educational Documents Without Proof of Deceit or Undue Benefit Does Not Warrant Annulment of Appointment
Divergence in dates of birth across different educational documents does not constitute fraud or wilful misrepresentation unless deceit is strictly proven. Non-disclosure of an earlier certificate reflecting a different date of birth does not amount to culpable suppression if the documents relied upon for appointment are genuine. Annulment of appointment on account of such divergence, without a finding of deliberate intent to secure undue benefit, is disproportionate — particularly where no prejudice to the employer or the selection process is established.
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