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