High Court Kerala High Court

Tiljo Varghese vs The State Of Kerala on 10 July, 2008

Kerala High Court
Tiljo Varghese vs The State Of Kerala on 10 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20718 of 2008(N)


1. TILJO VARGHESE, S/O.V.A.VARGHESE
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REP. BY
                       ...       Respondent

2. THE COMMISSIONER OF EXAMINATIONS,

                For Petitioner  :SRI.K.M.JAMALUDHEEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/07/2008

 O R D E R
                              K.T.SANKARAN, J.
                      --------------------------------------------
                      W.P.(C) NO. 20718 OF 2008 N
                      --------------------------------------------
                      Dated this the 10th July, 2008

                                  JUDGMENT

The petitioner submitted Ext.P5(a) application before the

Commissioner for Government Examinations for correction of date of birth

in the S.S.L.C. Book of the petitioner. The existing date of birth in the

school records is 22.3.1986. The case of the petitioner is that the correct

date of birth is 22.3.1985. The grievance of the petitioner is that Ext.P5(a)

application dated 10.8.2006 is not so far disposed of by the Commissioner

for Government Examinations. It is stated in the Writ Petition that the

petitioner got information from the Office of the second respondent that

unless the date of birth of the petitioner’s elder brother is also corrected in

the school records the petitioner would not be entitled to maintain the

application for correction of date of birth.

2. The petitioner relies on Ext.P1 birth certificate, which shows that

his date of birth is 22.3.1985. Ext.P2 shows that Baptism of the petitioner

was conducted on 19.5.1985. Ext.P3 Birth Certificate shows that Tinto

Varghese, brother of the petitioner, was born on 6.5.1983 and Ext.P4

shows that he was baptized on 3.7.1983. Ext.P5(d) affidavit dated

5.8.2006 is sworn to by the petitioner wherein the date of birth of the

petitioner and his elder brother are shown. Ext.P6 order was passed by

W.P.(C) NO. 20718 OF 2008

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the Judicial Magistrate of the First Class-II, Aluva in C.M.P.No.2114 of

2006, granting the prayer made by the petitioner for correction of date of

birth in the Indian Passport issued to the petitioner. It is submitted that

based on Ext.P6 order, the date of birth of the petitioner was corrected in

his Passport.

3. The petitioner submitted Exts.P7 and P8 representations to the

Commissioner for Government Examinations pointing out the urgency in

the matter of disposal of the application submitted by the petitioner for

correction of date of birth.

4. The application submitted by the petitioner for correction of date

of birth is to be disposed of. For ascertaining whether the date of birth

entered in the school records is correct or not, the date of birth of the

other members of the family would also be normally taken note of. It is

submitted that the petitioner’s elder brother was born on 6.5.1983 though

his date of birth is entered in the S.S.L.C.Book as 6.5.1985. The date of

birth of the petitioner is shown in the S.S.L.C.Book as 22.3.1986 while the

petitioner says that his correct date of birth is 22.3.1985. If the date of

birth of the petitioner’s elder brother is taken as 6.5.1985 as shown in his

S.S.L.C.Book, it is not possible to accept the contention of the petitioner

that his correct date of birth is 22.3.1985. It is stated that the petitioner’s

W.P.(C) NO. 20718 OF 2008

:: 3 ::

elder brother is working abroad and his school records including

S.S.L.C.Book are with his employer. The submission of the learned

counsel for the petitioner is that the petitioner is prepared to prove his

correct date of birth before the Commissioner for Government

Examinations. The petitioner is also prepared to prove the correct date of

birth of his elder brother, it is submitted. But it need not be insisted that

the date of birth of the elder brother of the petitioner is to be corrected for

the purpose of maintaining the application for correction of the date of

birth of the petitioner. The submission appears to be reasonable. While

considering the application, the Commissioner for Government

Examinations may taken note of this fact and if it is found that the

petitioner was born on 22.3.1985 nothing prevents the second respondent

in allowing the application. The second respondent shall dispose of

Ext.P5(a) application in accordance with law within a period of two months

from today.

The Writ Petition is disposed of as above.

(K.T.SANKARAN)
Judge

ahz/