IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9718 of 2008 Between: M.Koteswara Rao S/o.Venkata Subbaiah KBN College, Vijayawada, R/o. Vijayawada. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by its Principal Secretary to Higher Education Department, Secretariat, Saifabad, Hyderabad. 2 The Commissioner of Collegiate Education, Government of Andhra Pradesh, Hyderabad. 3 The Secretary, Secondary Education, Government of Andhra Pradesh, Hyderabad. 4 The Registrar, Andhra University, Waltair, Visakhapatnam - 530 003. 5 The Secretary & Correspondent, K.B.N. College, Vijayawada. 6 The Principal, K.B.N. College, Vijayawada. .....RESPONDENTS 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus (a) declaring the action of the respondents 2 to 4 in not altering the petitioner's date of birth as 1.12.1951 in terms of the decree passed in OS No.508/75 by the Hon'ble District Munsiff Court, Repalle dated 31.12.1975 and not taking any action on the representation dated 1.3.2006 submitted by the petitioner as illegal, arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India; and (b) consequently direct the respondents to alter the petitioner's date of birth as 01.12.1951 in service register and other connected records as per the decree passed by the District Munsiff Court, Repalle in OS No.508/75 dated 31.12.1975 by taking into consideration of the judgment rendered by the Hon'ble Apex Court of India as reported in AIR 1991 SC 308; (c) further direct the respondents No.2 and 5 to continue the petitioner as Lecturer in Commerce by taking into consideration of his date of birth as 01.12.1951 as per decree in OS No.508/75 dated 31.12.1975 on the file of District Munsiff Court, Repalle and pass such other and further order or orders. Counsel for the Petitioner:MR.K.SATYANARAYANA MURTHY Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following : ORDER: The petitioner was employed as a Lecturer in Commerce in Satavahana College, Vijayawada, on 27.12.1977, against an aided vacancy. His date of birth was mentioned as 01.10.1950. In the year 2003, the strength of the students in the college depleted and the petitioner was rendered surplus. Therefore, vide orders, dated 24.11.2003, the petitioner was shifted to KBN College, Vijayawada. Ever since then, he is working in that institution. The petitioner states that his date of birth was wrongly mentioned in the school records as 01.10.1950, for correction of the same, he filed O.S.No.508 of 1975 in the Court of District Munsiff, Repalle, Guntur District and that the suit was decreed on 31.12.1975. He contends that though repeated representations have been made for entering the date of birth as per the decree, no action has been taken thereon. Complaining that he is sought to be retired from October, 2008, the petitioner had approached this Court with a prayer to issue appropriate directions to the respondents to act on his representation, dated 01.03.2006. Heard Sri K.Satyanarayana Murthy, learned counsel for the petitioner, and Sri M.V.Raja Ram, learned Standing Counsel for Andhra University. The date of birth of an employee is entered in the service records on the basis of the particulars mentioned in the SSLC/SSC certificate. It is not in dispute that the date of birth of the petitioner was mentioned in the service records as 01.10.1950. If the same was not correct, he ought to have taken necessary steps to get the certificate itself corrected. Though he is said to have obtained a decree in the year 1975 itself, for one reason or the other, the date of birth was mentioned in the service records as 01.10.1950 only. Almost for the past three decades, the petitioner did not take any effective steps, and came forward with a representation, only at the fag end of the service. Further, the only authority that can correct the entries in service record is the institution which he joined, namely, Satavahana College, Vijayawada. It was not made a party to the writ petition. At this length of time, the respondents cannot be expected to correct the records. Further, the decree itself became unenforceable, since no E.P., was filed within the period of limitation. Viewed from any angle, this Court does not find any basis to grant any relief to the petitioner. The Writ Petition is accordingly dismissed. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY,J. Dated:23.06.2008 GJ