IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 32616 of 2010(B) -------------------------- PETITIONER(S): --------------- MRS.MARYAMMA JOSEPH,D/O.C.T.VARGHESE, MAMMOOTTIL HOUSE,EAST OF ARYAD SOUTH VILLAGE OFFICE,THATHAMPALLY PO,ALAPPUZHA 688 013. BY ADV. SRI.R.AZAD BABU RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY ITS PRINCIPAL SECRETARY,GENERAL EDUCATION DEPARTMENT,GOVERNMENT OF KERALA,SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS,THIRUVANANTHAPURAM 695 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.32616 of 2010 --------------------------------------------- Dated this the 10th day of November, 2010 JUDGMENT The petitioner applied for correction of her date of birth in the S.S.L.C. Book and school records, as per Exhibit P5 application. There was delay in making the application. As per Exhibit P4 order dated 3.6.2000 passed by the first respondent, the delay was condoned. The Commissioner for Government examinations was directed to entertain the application and to dispose of the same on the merits, as per rules. 2. The date of birth of the petitioner as per the S.S.L.C. book and the school records is 19.11.1956. She wants the date of birth to be corrected as 2.4.1958. The date of birth entered in the Register under the Registration of Births and Deaths Act is 2.4.1958. 3. The Commissioner for Government examinations rejected the application as per Exhibit P6 order dated 4.6.2009 WPC 32616/2010 2 holding thus : “The evidences produced to prove the claim of the petitioner are the documents read as papers 2 to 7. The said documents and the enquiry report read as paper 8 have been examined. The date of birth of Smt.Maryamma Joseph as per the birth certificate read as paper 5 is 2.4.1958. She was admitted to Std.I at St.Michael's HS Thathampally on 26.5.1962. If the date of birth is corrected, she would attain the age of 4 years one month and 24 days at the time of admission to Std.I. As per Rule 5 Chapter VI of KER, no child who has not completed five years of age as on 1st June of the year of admission shall not be admitted to any school.” 4. The petitioner challenged that order before the first respondent. The first respondent rejected the request of the petitioner as per Exhibit P8 order dated 6.8.2009. The first respondent was under the erroneous impression that the application submitted by the petitioner was for correction of date of birth in the service records. WPC 32616/2010 3 5. Exhibit P8 order passed by the first respondent is bad in law since the facts were not correctly comprehended. In so far as Exhibit P6 order passed by the Commissioner for Government examinations is concerned, it is against the law laid down in Chandrika vs. State of Kerala(2010 (1) KLT 223) and Kotnis K.B. vs. State of Kerala and others (2010 (4) KLT 447). For the aforesaid reasons, Exhibits P6 and P8 orders are quashed. The Commissioner for Government examinations shall consider the application afresh in the light of the principles laid down in Chandrika A.K. vs. State of Kerala (2010 (1) KLT 223) and Kotnis K.B. vs. State of Kerala and others (2010 (4) KLT 447) referred to above, after affording an opportunity of being heard to the petitioner, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment. K.T.SANKARAN JUDGE csl