IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12642 of 2008 Between: B. Venkateswarlu, S/o. Krishna Murthy, Singareni Collieries Company Limited, R/o. Qr.No. F-2, MD-14 Block, Rudrampur, Kothagudem Mandal, Khammam District. ..... PETITIONER AND 1 The Singareni Collieries Company Limited, Rep. by The Chairman - Cum-Managing Director, Singareni Bhavan, Red Hills, Hyderabad. 2 The General Manager, The Singareni Collieries Company Limited, Regd. Office, Kothagudem, Khammam District. 3 The General Manager (Personnel), The Singareni Collieries Company Limited, Regd. Office, Kothagudem, Khammam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, Order or Directions, more particularly one in the nature of Writ of Mandamus a) To call for the records pertaining to the Date of Birth in respectof the Petitioner herein entries made in his Service Records and correct them; b) To direct the Respondents herein to incorporate the Date of Birth of the Petitioner herein Dated 07-02-1961 in his Service Records, as per the entries made in his School Records, with all consequential benefits and attendants benefits; c) To award Costs; By HOlding the action f the Respondents herein as bad, illegal, irrational arbitrary, discriminatory, void, violative of the Rules & Guidelines issued by the Governmetn from time to time, law laid down bthe Hon'ble Courts and also violative of the Article 14, 16 and 21 of the Constitution of India, and pass Counsel for the Petitioner:MR.A.NAGENDRA RAO Counsel for the Respondent No.: MR.NANDIGAM KRISHNA RAO The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12642 of 2008 ORDER: The petitioner joined the services of Singareni Collieries as a Driver in the year 1982. His date of birth was mentioned in the service record as ‘07.02.1961’. In the year 2001, the petitioner was referred to Medical Board, for determination of age. It was opined that the age of the petitioner as on 06.04.2001 is 47 years and thereby, the date of birth of the petitioner falls in the year 1954. The petitioner made a representation to the respondents, with a request to retain the date of birth mentioned in the service record, and places reliance upon the date of birth mentioned in the Transfer Certificate issued by the Zilla Parishad Secondary School, Gowthampur, Khammam District and the driving licence. His grievance is that no action has been taken thereon. Having entertained a doubt about the correctness of the date of birth of the petitioner mentioned in the service record, the respondents subjected him to medical examination. The experts opined that the petitioner was 47 years old in the year 2001. Therefore, the date of birth of the petitioner gets substantially varied. In the normal course, the opinion expressed by the Medical Board cannot be interfered with. The Transfer Certificates also cannot be treated as the basis to clinch the issue. One important aspect is that the petitioner is said to have appeared in the S.S.C. Examination, but failed in it. The Secondary School Certificate would not only contain the marks obtained by a candidate, but also his date of birth. Even in Government services, the date of birth mentioned in the Secondary School Certificates is treated as binding and final. Therefore, the writ petition is disposed of, directing that it shall be open to the petitioner to file the certificate, in relation to his appearance in S.S.C. Examination; and as and when it is filed, the same shall be treated as the basis for determination of his date of birth. There shall be no order as to costs. __________ 19.06.2008 Note : Issue C.C. in three days. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12642 of 2008 Date: 19.06.2008 JSU