THE HON'BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO AND THE HON'BLE SRI JUSTICE V. SURI APPA RAO W.A.No. 1021 of 2010 J U D G M E N T: (per the Hon'ble the Acting Chief Justice Sri B. Prakash Rao) The State is the appellant in this Appeal filed under Clause 15 of the Letters Patent. It assails the order of the learned Single Judge, allowing the Writ Petition filed at the instance of the respondent invoking the extraordinary jurisdiction under Article 226 of the Constitution of India, where he sought for a mandamus as against the inaction on the part of the appellants herein in considering his request for correction of the date of birth entered in higher secondary school records, intermediate records and in all subsequent educational records on par with the primary and upper primary school records of the petitioner as arbitrary and illegal. Briefly the facts of the case are that, the petitioner’s correct date of birth is 27.07.1985 which has been duly entered in the educational records at the time of admission into primary section. It is only after completion of 6th standard, the mistake occurred by entering it as if 27.06.1985 and it was carried forward. The writ petitioner therefore, filed a representation to the school authorities, but the same has not been considered. Hence, the Writ Petition. The learned Single Judge taking into account the facts and circumstances involved in the case and also taking note of the limitations as imposed in G.O.Ms.No. 430, Education (EE.I) Department, dated 31.12.1992 and distinguishing the same from the facts of the case, since the mistake as such could not be attributed to the writ petitioner, disposed of the Writ Petition and directed consideration of the petitioner’s application. Hence, the appeal. Learned Government Pleader appearing on behalf of the appellants strenuously contended that according to the aforementioned G.O., after completion of three years from the secondary school examination certificate, the date of birth cannot be altered and therefore, the question of entertaining the application of the writ petitioner does not arise. On considering the submissions made by the learned counsel on either side and on perusing the material available on record, as already observed by the learned Single Judge, the present case stands totally on a different footing from the parameters as laid down in the aforementioned G.O.Ms.No. 430, dated 31.12.1992, which contemplates period of three years from the date of completion of SSC, for carrying out any corrections in the school records, whereas in the present case, admittedly, the respondent’s correct date of birth was entered in the school records up to 5th standard and it is only after 6th standard the mistake purported to have been occurred. Hence, we do not find any merits in the appeal. The Appeal is accordingly dismissed. No costs. ----------------------------- (B. PRAKASH RAO,HACJ) -------------------------- (V. SURI APPA RAO, J) 30th November 2010 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}