IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7721 of 2009(I)
1. C.RADHAKRISHNA PILLAI,
... Petitioner
Vs
1. THE PRINCIPAL SECRETARY (EDUCATION),
... Respondent
2. THE K.S.E.BOARD,
For Petitioner :SRI.P.SANTHALINGAM (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :18/03/2009
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P ( C) No. 7721 of 2009
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Dated this the 18th March,2009
J U D G M E N T
Petitioner is aggrieved by the denial of the request
to correct the date of birth in accordance with his birth
certificate. He is working as an Electrical Engineer under
the Kerala State Electricity Board. The date of birth
shown in the SSLC Book is 7.3.1954. According to him, it
was recently found out from the horoscope, the correct
date of birth is 5.4.1955. Petitioner approached the
authorities of the panchayat for getting a birth certificate
and based on Exhibit-P1 order Panchayat issued a birth
certificate, which is produced as Exhibit-P2. Petitioner
thereafter approached the 1st respondent requesting to
issue necessary orders for correction of date of birth in
the SSLC book after condoning the delay based on
Exhibit-P2 birth certificate maintained by the Elampalloor
Grama Panchayat. Exhibit-P4 is the said petition that
was rejected as per Exhibit-P5 order.
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2. In Exhibit-P5 the reason stated is that since the
petitioner has crossed 50 years of age as per the original
entry in his SSLC Book and since he has not produced the
supporting documents to prove the purpose of correcting
the date of birth, his request for condonation of delay
cannot be considered as per Rule 3 Chapter VI of K.E.R.
The petitioner contends that Exhibit-P2 birth certificate is
the most authentic document as regards the correct date of
birth of the petitioner. Therefore, the 1st respondent should
have ordered correction of the date of birth in the SSLC
Book. It is pointed out that he is due to retire from service
on attaining superannuation on 31.3.2009.
3. Rule 3 (1) Chapter VI of the Kerala Education
Rules contains a note to the effect that Government shall
consider the requests for condonation of delay in making
application for correction of date birth in school records in
deserving case, on merits, provided that the applicant is
within 50 years of age as per the original entry in the
school records. Petitioner contends that the fixation of an
age of 50 years for the purpose of correction of date of
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birth in school records is arbitrary.
4. It is well settled by the various decisions of this
Court and that of the Apex Court that as far as the
correction of date of birth is concerned it is regulated by
the relevant provisions in the statutes and the
administrative instructions. No person can have a legal
right in the matter. Entry in the service records as well as
in the school records is known to the parties concerned
and the prescription of a period within which the
application should be filed cannot be said to be arbitrary.
The correction of entry if it is in favour of the person
concerned will enable him to continue in service for the
extended period. The same will affect the rights of the
others also in the matter. In that view of the matter, the
Apex Court and this Court have held that the rules
providing for a fixed time frame should be strictly applied
in the matter for condoning the delay in the application as
well as in allowing the entry to be corrected.
5. Going by the facts and circumstances of the
case, petitioner is due to retire from service on 31.3.2009
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even going by the rules. The entry in the service records
can be corrected only if the application is filed within two
years prior to the retirement which is also not satisfied
here. Exhibit-P5 cannot therefore be faulted.
In that view of the matter the writ petition is
dismissed.
(T.R.RAMACHANDRAN NAIR,
JUDGE)
ma
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