IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 6301 of 2011(K) ------------------------- PETITIONER(S): --------------- T.P.JAYAKRISHNAN, S/O.GOVINDAN, AGED 52 YEARS, "REVATHI", NEAR THE TECHNICAL HIGHER SECONDARY SCHOOL, NUT STREET POST, CALICUT-04 AND NOW WORKING AS MOTOR VEHICLE INSPECTOR, REGIONAL TRANSPORT OFFICE, VATAKARA, KOZHIKODE. BY ADV. SRI.C.A.JOY SRI.SANJAY THAMPI RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE TRANSPORT COMMISSIONER, OFFICER OF THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM-695001. 3. THE JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, VATAKARA, KOZHIKODE-673101. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 6301 of 2011 ================== Dated this the 24th day of March, 2011 J U D G M E N T The grievance of the petitioner in this writ petition is that his application for correction of date of birth was rejected on the ground that although the application was filed within time, the same was not supported by documents proving his correct date of birth. According to the petitioner, the petitioner's date of birth is 30.11.1956, whereas in his SSLC book, the same is recorded as 15.7.1958. The petitioner filed application for correction of date of birth as early as on 22.1.1991. During the pendency of the application, the Government issued Ext.P1 oder dated 30.12.1991 fixing the criteria for submitting application for correction of date of birth. So within the time stipulated therein, the petitioner submitted his application for correction of date of birth in the service records on 22.11.1992. Subsequently, after obtaining correction of date of birth in the SSLC book, the petitioner produced corrected SSLC book also in support of his application for correction. The same has been rejected by Exts.P8 and P12 orders on the ground that the application, supported by corrected school records, has not been submitted within the time limit prescribed and documents in support of the claim were submitted after the stipulated time limit. The w.p.c.6301/11 2 petitioner submits that that order is contrary to the decision of this Court in State of Kerala v. Gopalan Chettiar [1993 (2) KLT 169], wherein this Court has held that the application filed without proper documents, but supported by documents subsequently produced, the earlier application, though defective, should be treated as a valid one. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Exts.P8 and P12 orders of the respondents and quash the same; ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st and 2nd respondents to correct the date of birth in the service book of the petitioner as 15.07.1958 as per the entry in the S.S.L.C. book, in view of the decisions of this Hon'ble Court and Ext.P9 and P10 Government orders passed in similar cases.” 2. I have heard the learned Government Pleader also. 3. In view of the said decision of this Court cited by the petitioner, I am of opinion that the respondents are bound to consider the application of the petitioner as one filed within time as a valid application for correction of date of birth. Accordingly, the impugned orders are quashed. The 1st respondent shall consider the application and pass orders on the application submitted by the petitioner for correction of date of birth and pass appropriate orders thereon in accordance with law, as a valid application, as expeditiously as possible, at any rate, within three months from the date of receipt of a w.p.c.6301/11 3 certified copy of this judgment, after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE The second sentence of the judgment dated 24.3.2011 is corrected and substituted as “According to the petitioner, the petitioner's date of birth is 15.07.1958, whereas in his service book the same is recorded as 30.11.1956”, as per order dated 13.6.2011 in I.A.6821/2011. Sd/- Registrar (Judicial)