IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WA.No. 2713 of 2007() --------------------- AGAINST THE JUDGEMENT IN WPC.27144/2003 Dated 19/07/2007 .................... APPELLANT: PETITIONER: ---------------------------------------- A.V.RAJAN, S/O. KITTU, BINDU NIVAS, ALAYAR, VANDITHAVALAM POST, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPT.OF EDUCATION(G), GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR GOVT. EXAMINATIONS, KERALA, THIRUVANANTHAPURAM. 3. THE SUB-DIVISIONAL MAGISTRATE, PALAKKAD. BY GOVERNMENT PLEADER SRI. BENNY GERVACIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.2713 of 2007 ===================== Dated this the 5th day of June, 2008. JUDGMENT Koshy,J. The petitioner entered service as a Part-time Sweeper in the Health Department on 8.9.1997. The date of birth of the petitioner was entered in the service records as 30.7.1952. According to the petitioner, his date of birth is 12.3.1957. He applied for correction in the school records based upon his horoscope, which was not accepted. On the strength of Ext.P1 certificate of relationship issued by the Village Officer and Ext.P12 certificate of an Astrologer, he tried to impress upon that his correct date of birth is 12.3.1957. If there was five years difference he would not be eligible to get admission in the school. 2. In State of Punjab v. Mohinder Singh - 2005(3) S.C.C. 702, the Supreme Court has held that the school records can be corrected only with authentic records and not mere horoscope. As per G.O.(P)No.45/91/P & ARD dated 30th WA 2713/07 -: 2 :- December, 1991, the Government has clearly prescribed that application for correction of date of birth in service records should be made within five years from the date of entry in the service or one year from the date of notification, whichever is earlier. Paragraph 5 of the order states that no relaxation will be allowed. Educational records also have to be produced. Even if the application for correction of date of birth is allowed now, he will not get the benefit of correcting the age in the service records. In any event, the learned single Judge has considered the matter in the correct perspective and we see no reason to interfere with the same. The Writ Appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 6/6