IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2539 of 2009(B) ------------------------- PETITIONER: --------------- RADHAMANI AMMA.K.G., POLACHIRAPUTHENPURACKAL, CHINGAVANAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT COMMISSIONER FOR EXAMINATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.2539 of 2009-B --------------------------------------------- Dated this the 23rd January, 2009. J U D G M E N T The petitioner applied for correction of her date of birth in the School records as 14.4.1955 instead of 23.4.1954. The Joint Commissioner for Examinations rejected the application as per Ext.P2 order dated 19.11.2003. The petitioner relies on Ext.P1 birth certificate, wherein the date of birth of the petitioner is shown as 14.4.1955. Challenging Ext.P2 order, the petitioner has filed Ext.P3 representation dated 19.4.2004 before the Government. According to the petitioner Ext.P3 is not disposed of by the Government. Ext.P4 reminder dated 22.12.2008 was submitted by the petitioner requesting to dispose of the representation dated 19.4.2004. 2. The reliefs prayed for in the Writ Petition are the following: ''a) Call for the records leading to the part of Exhibit P2 order of the second respondent and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction. b) issue a writ in the nature of mandamus directing the first respondent to consider on merit Ext.P3 representation and pass order on the same after affording to the petitioner an opportunity of being heard. W.P(C) No.2539 of 2009-B : 2 : c) issue a writ in the nature of mandamus directing the respondents to correct the date of birth of the petitioner from 23.4.1954 to 14.4.1955. d) issue such other reliefs as this Honourable Court may deem fit and proper in the circumstances of the case.'' 3. Learned Counsel for the petitioner submits that the petitioner confines her relief to relief No.2 for the time being. The learned Government Pleader submitted that Ext.P3 will be disposed of expeditiously, provided Ext.P3 is pending before the first respondent. The Learned Government Pleader also submitted that the petitioner has to produce sufficient materials to prove that Ext.P3 was sent to the first respondent. 4. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall dispose of Ext.P3 representation/appeal dated 19.4.2004 submitted by the petitioner as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment. b) The petitioner shall produce certified copy of the W.P(C) No.2539 of 2009-B : 3 : judgment and copy of the Writ Petition before the first respondent. c) The petitioner shall also produce sufficient materials to prove that Ext.P3 was duly sent to the first respondent. d. Since an early disposal of Ext.P3 is required, the petitioner waives her right to be heard before the first respondent. e. The petitioner would be entitled to produce such other materials and documents before the first respondent in support of her contentions. Sd/- K.T.SANKARAN JUDGE //True Copy// PA to Judge ab W.P(C) No.2539 of 2009-B : 4 : W.P(C) No.2539 of 2009-B : 5 :