1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.13763 of 2011 Minor Anwar Batcha, Rep. by his father and Guardian Haja Maideen :Petitioner -Vs- 1.The Director of School Education, TPI, Nungampakkam, Chennai. 2.The District Educational Officer,Aranthangi, Pudukkottai District. 3.The Headmaster, Al Hidaya Jama Ath Oriental Arabic Middle School, Arasarkulam, Aranthangi Taluk, Pudukkottai District. 4.The Headmaster, Government High School, Arasarkulam – 614801, Aranthangi Taluk, Pudukkottai District. :Respondents PRAYER:Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the first and second respondent to issue fresh S.S.L.C certificates or amend the certificates (Certificate S.L.No.SEC8035714, dated 26.05.2010 and 9746362 dated 27.05.2011) to the petitioner Anwar Batcha with correct date of birth (08.05.1995) within the time stipulated by this Court. For Petitioner :Mr.K.Baalasundharam For RR1,2 and 4:Mrs.S.Bharathi,Govt. Advocate ORDER This writ petition has been filed by the petitioner for a Mandamus directing the first and second respondent to issue fresh S.S.L.C certificates or amend the certificates (Certificate S.L.No.SEC8035714, dated 26.05.2010 and 9746362 dated 27.05.2011) to the petitioner Anwar Batcha with correct date of birth (08.05.1995), within a stipulated time. 2.Heard Mr.K.Baalasundharam, learned counsel for the petitioner and Mrs.S.Bharathi,learned Government Advocate appearing for R1, R2 and R-4. 3.By consent this Writ Petition itself is taken up for final disposal. 4.The petitioner - minor Anwar Batcha represented by his father and guardian, has got a grievance that his date of birth 08.05.1995 has been wrongly recorded as 12.05.1995. Even at the time of his admission in school, where he studied from 1st standard to 8th standard in the third respondent school, the date of the petitioner was given as 08.05.1995 Thereafter, on completion of 8th standard, the petitioner was admitted in Government High School, Arasarkulam in 9th standard in the academic year 2008-2009 and completed S.S.L.C in the year 2010. Only after obtaining the S.S.L.C mark sheet, the petitioner came to know that his date of birth was wrongly mentioned as 12.05.1995 instead of 08.05.1995. Immediately thereafter, the petitioner by pointing out the wrong date of birth entered in the S.S.L.C certificate as 12.05.1995 instead of 08.05.1995, has made a request to the second respondent - District Educational Oficer, Aranthangi, Pudukkottai District to correct the said mistake in the month of June, 2010 itself. But he was informed by the second respondent to contact the office after clearing the arrear exam. Accepting the said advise, the petitioner went to the second respondent office after clearing the exams. It has been now mentioned by the learned counsel appearing for the petitioner that the second respondent was not ready to receive even a representation therefor. As a result, the petitioner was constrained to submit a https://hcservices.ecourts.gov.in/hcservices/ 2 representation to the first respondent on 16.06.2011. But the grievance of the petitioner was not considered. Thereafter, on second occasion i.e., on 30.08.2011 the petitioner sent a representation to the first respondent. In response to the same, the first respondent in his letter dated 12.09.2011 asked the petitioner to submit relevant documents through the second respondent, in support of his request to rectify the above said mistake. 5.The problem faced by the petitioner is that out of five documents indicated by the first respondent, the petitioner is having only two documents viz., Transfer Certificate and S.S.L.C mark sheet. The difficulty faced by the petitioner in not getting the three other documents is due to non-cooperation of the second respondent. 6.The learned Government Advocate appearing for the respondents would submit that when the first respondent is intended to rectify the mistake, the petitioner has to produce relevant documents. She would further submit that the petitioner has not even contacted the second respondent. 7.In turn, the learned counsel appearing for the petitioner would submit that the petitioner has submitted a representation before the second respondent, but the petitioner is not having copy of the same. However, he would further submit if a direction is given to the petitioner to approach the second respondent by making appropriate representation, he would immediately make such representation and on making such representation, he prayed this Court to direct the second respondent to consider his representation so that it would be appropriate for the petitioner to obtain the relevant documents from the second respondent to present the same before the first respondent for rectifying the wrong date of birth. 8.Recording the said submission, this Court finding that the case of the petitioner is a genuine one for a reason that now a days every one wants to change the date of birth to become younger, the petitioner wants to change his date of birth to become older, directs the petitioner to present appropriate representation to the second respondent, within a period of one week from the date of receipt of a copy of this order. In the event of making such a representation by the petitioner, the second respondent is directed to consider the same and forward necessary proposal to the first respondent to rectify the wrong date of birth indicated in the S.S.L.C mark sheets, within a period of three weeks from the date of receipt of such representation from the petitioner. With the above direction, this writ petition is disposed of. No Costs. Sd/- Assistant Registrar (T&P) / TRUE COPY / Sub Assistant Registrar To: 1.The Director of School Education, TPI, Nungampakkam, Chennai. 2.The District Educational Officer, Aranthangi, Pudukkottai District. 3.The Headmaster, Al Hidaya Jama Ath Oriental Arabic Middle School, Arasarkulam, Aranthangi Taluk, Pudukkottai District. 4.The Headmaster, Government High School, Arasarkulam - 614801, Aranthangi Taluk, Pudukkottai District. +1CC to Mr.K.Baalasundharam, Advocate. SR.No.42199. +1CC to The Special Government Pleader. SR.No.42531. RP/13.12.2011/2P/7C. W.P.(MD)No.13763 of 2011,01.12.2011. https://hcservices.ecourts.gov.in/hcservices/