IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10314 of 2008(C) -------------------------- PETITIONER: ------------ E.SAVITHRI,D/O. KUMBALAYI KRISHNAN U.P.S.ASSISTANT, AGED 52, BAVODE EAST UPPER PRIMARY SCHOOL, RESIDING AT KANDOTHVALAPPIL HOUSE MAKRERI, VIA MANDALLOOR, KANNUR DISTRICT BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY THE UNDER SECRETARY TO GOVERNMENT GENERAL EDUCATIONS( G) DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS,OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, TRIVANDRUM. 3. THE JOINT COMMISSIONER,OFFICE OF THE COMMISSIONER OF EXAMINATIONS, TRIVANDRUM. BY G.P. SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 10314 of 2008 ================== Dated this the 27th day of March, 2008 J U D G M E N T The petitioner is a U.P.S.A. According to her, she was born on 19.8.1955, but in the school records as well as in the service records her date of birth is mistakenly recorded as 27.11.1953. She applied for correction of the date of birth with relevant documents before the respondents. Ultimately the Government rejected on the ground of delay. According to the petitioner, she applied as early as in 1976 and it is because of the proceedings pending before various authorities including this court that the alleged delay occurred. The petitioner would submit that it cannot be held that she is guilty of delay. Therefore, she challenges Ext.P24 order and seeks a direction to reconsider the claim of the petitioner. Leaving apart the validity of the legal contentions raised by the petitioner, I am of opinion that the petitioner is not entitled to the reliefs prayed for in this writ petition, in exercise of my discretionary jurisdiction for the following reasons:- If the w.p.c.10314/08 2 petitioner's contentions are accepted, it would mean that she joined the First Standard at the age of 3, which was not practically possible even at that time, unless the petitioner is extraordinarily brilliant, which is not the case of the petitioner. Moreover, if the date of birth is so corrected, then she would obtain advantage at both ends. The petitioner cannot take advantage of a deliberate wrongdoing of her parents in sending her to school by wrongly declaring her date of birth. In such circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge