IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 15531 of 2007(Y)
1. C.C.BABY, S/O.LATE C.A.CHAKO,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE SECRETARY TO GOVERNMENT,
For Petitioner :SRI.R.RAMADAS
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
Dated :25/05/2007
O R D E R
A.K.BASHEER, J.
---------------------------------------------
W.P.(C)No.15531 OF 2007
---------------------------------------------
Dated this the 25th day of May, 2007
JUDGMENT
Petitioner claims that his actual date of birth is May 11,
1953. But in his school and other official records his date of
birth was wrongly shown as May 11, 1952. According to the
petitioner, it was a bonafide mistake. He wanted to get the
mistake rectified. Therefore, he applied for correction of his
date of birth in his school records before respondent no.2, the
Secretary to Government, General Education (G) Department.
The said application has been rejected as revealed from
Ext.P9 order. It is contented by the petitioner that Ext.P9
order passed by the Government in this regard is illegal and
unsustainable.
2. I am unable to agree with the above contention. It is
beyond controversy that the correction/alteration of date of
birth can be effected in appropriate cases as provided in
Chapter VI of the Kerala Education Rules. Rule 3 of Chapter
VI of the Rules stipulates that any request for alteration has to
W.P.(C)No.15531 OF 2007
:: 2 ::
be made by a student within 15 years from the date of leaving
the school or the date of appearing for the S.S.L.C.
examination for the last time whichever is earlier. The note
under Rule 3 further postulates that the Government shall
consider the request for condonation of delay in making
application for correction of date of birth in school records, in
deserving cases, on merits, provided that the applicant is
within 50 years of age as per the original entry in the school
records (emphasis supplied in Ext.P9).
3. In Ext.P9 the Government has noticed that the
petitioner had crossed the age of 50 as per the original entry
made in his school records. Apparently petitioner had not
made any application for correction of his date of birth within
15 years of his leaving the school. He has crossed the age of
50 as well. It has to be remembered that the petitioner being
an officer in a scheduled bank could not have been unaware
of his date of birth. On several occasions in his official career
he must have had occasion to refer to his date of birth. He
W.P.(C)No.15531 OF 2007
:: 3 ::
had chosen to approach the appropriate authority at the fag
end of his career. This cannot be permitted. There is no
illegality or irregularity in the view taken by the Government.
Therefore, there is no merit in the prayer made by the
petitioner in this writ petition.
The writ petition fails and it is accordingly dismissed in
limine.
A.K.BASHEER, JUDGE
jes