IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 OP.No. 37720 of 2001(M) ----------------------- PETITIONER(S): --------------- RAJAN.P.I., S/O.INASU, PARATHUKKARAN HOUSE, P.O. ALAGAPPA NAGAR, TRICHUR DIST. BY ADV. SRI.P.K.ASHOKAN SMT.S.JEEJABHAI RESPONDENT(S): --------------- 1. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, TRIVANDRUM. 2. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA, TRIVANDRUM. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF APPLICATION DT.12.2.1992 FOR ALTERNATION OF DATE OF BIRTH IN SCHOOL RECORDS. P2: TRUE COPY OF LETTER DT.18.7.1992 FROM R1 TO THE PETITIONER. P3: TRUE COPY OF IDENTIFICATION CERTIFICATE DT.22.8.1992 ISSUED BY THE VILLAGE OFFICER, AMBALLUR. P4: TRUE COPY OF LETTER DT.18.11.1997 FROM R1 TO THE PETITIONER. P5: TRUE COPY OF LETTER DT.24.3.1988 FROM R1 TO THE PETITIONER. P6: .DO. DT.27.4.2000 .DO. P7: TRUE COPY OF IDENTIFICATION CERTIFICATE IN THE PROPER FORM ISSUED BY THE VILLAGE OFFICER, AMBALLUR. P8: TRUE COPY OF ORDER DT.11.12.2000 ISSUED BY R1. P9: TRUE COPY OF INTIMATION DT.5.2.92 FROM THE REGISTRAR OF BIRTHS AND DEATHS, THRISSUR MUNICIPALITY, THRISSUR. P10: TRUE COPY OF CERTIFICATE OF BAPTISM. P11: TRUE COPY OF ORDER DT.24.9.2001 OF THE GOVERNMENT OF KERALA. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.37720 of 2001 .................................................................... Dated this the 28th day of July, 2009. JUDGMENT The petitioner is challenging Ext.P8 wherein the Commissioner for Government Examinations declined to change the date of birth of the petitioner from 21.3.1959 to 1.4.1960. At the time of filing of O.P. petitioner was an Overseer in the PWD. According to petitioner, he was bone on 1.4.1960 and the same is revealed by Baptism Certificate produced in this O.P. as Ext.P10. His case is that the date of birth declared to the school was without any record and his birth is not registered with any Governmental agency or local authority. Consequently evidence produced from the Church should be accepted and his date of birth should be corrected, is his claim. Counsel for the petitioner contended that the Church which issued the certificate is an ancient Church and it carries credibility and the entries in their register should be accepted as correct. However, I notice from Ext.P8 that petitioner joined the First Standard on 1.6.1964. If petitioner's claim that he was bone on 1.4.1960 is correct, then it has to be taken that he joined the First Standard before completion of even 4 years. Normally students are admitted in the School only when they are 5 to 6 2 years of age and though there may be instances of admitting students by pre- dating their date of birth, I do not think any one gets admitted to the First Standard before he attains the age of 4. In the circumstances, the date of birth shown in the Baptism Certificate does not appear to be correct. Going by the date of entry into the School, petitioner's date of birth shown in the records as 21.3.1959 appears to be correct. Therefore, the order of the Commissioner confirmed by Government in appeal is upheld and O.P. is dismissed. C.N.RAMACHANDRAN NAIR Judge pms