IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 19118 of 2003(A) -------------------------- PETITIONER(S): --------------- UMMER KURUNGADAN, S/O. HUSSAN, ADIYARATH PARAMBIL HOUSE, MONGAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF GOVERNMENT EXAMINATIONS, POOJAPPURA, THIRUVANANTHAPURAM. 3. THE SECRETARY, MANJERI MUNCIPALITY, MANJERI, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 19118/2003 PETITIONER'S EXTS. EXT.P1:-COPY OF THE ADMISSION REGISTER IN RESPECT OF THE ADMISSION OF THE PETITIONER IN A.M.L.P.SCHOOL, CHERUPUTHUR. EXT.P2:-COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE R2 EXT.P3:-COPY OF INSTRUCTIONS ISSUED BY R2 REGARDING THE CORRECTION OF DATE OF BIRTH IN SCHOOL RECORDS AND QUALIFICATION CERTIFICATE AS PER RULE 3 CHAPTERVI KER. EXT.P4:-COPY OF BIRTH CERTIFICATES AS NO.343/1973 ISSUED BY THE REGISTRAR OF THE BIRTHS AND DEATHS, MANJERI MUNICIPALITY. EXT.P5:-COPY OF ORDER OF R2 AS NO.K.DIS.EX.B5/596/2001 DTD.30.3.2001 EXT.P6:- COPY OF APPEAL PETITION SUBMITTED BY THE PETITIONER DTD.5.1.2002. EXT.P7:- COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MORAYOOR DATED 21.12.2001 AS NO.1329/2001. EXT.P8:- COPY OF CERTIFICATES ISSUED BY THE SECRETARY, MORAYOOR GRAMA PANCHAYAT DTD.7.10.1999. EXT.P9:- COPY OF THE ORDER OF R1 AS NO.G.O.(Rt) NO.1698/2002/G.EDN.DTD.20.6.2002 EXT.P10:-COPY OF THE ORDER OF R2 AS ORDER NO.K.DIS./EX.B5/484/2002 DTD.20.1.2003. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.19118 OF 2003 ------------------------------- Dated this the 14th day of July, 2010 J U D G M E N T According to the petitioner, the petitioner was born on 15.3.1975 and his date of birth has been registered with the Registrar of Births and Deaths, as is evidenced by Ext.P4 certificate of birth issued by the Registrar of Births and Deaths of Manjeri Municipality. He would submit that his parents were illiterates and when the petitioner was admitted to the first standard in AMLP School, Cheruputhoor, his date of birth was mistakenly given as 26.4.1973. Consequently, in his SSLC Book also, that mistaken date of birth was carried over. The petitioner wanted to get the same corrected. The petitioner filed Ext.P2 application for the same. According to the petitioner, going by Ext.P3 instructions regarding correction of date of birth in school records and qualification certificate, the petitioner has to produce the documents mentioned in paragraph 5 of the instructions, in support of his application for correction of date of birth in SSLC W.P.(c)No.19118/03 2 Book. According to the petitioner, out of ten children of his parents, the petitioner alone was born in a hospital, that too only because at the time of birth, his mother was in a very serious condition forcing them to admit her to the District hospital. Consequently, the hospital reported his birth for registration to the Registrar of Birth and Deaths and therefore, the petitioner’s birth happened to be registered with the Registrar of Births. In respect of all of the other children, two of whom died at birth itself, births were not registered with the Registrar of Births in view of the fact that the petitioner’s parents were not aware of such a compulsory requirement under the Registration of Births and Deaths Act. The petitioner would point out that as per Ext.P3, in cases where the births have not been registered at the office of the Registrar of Births and Deaths, in the case of children other than the applicant non-registration certificate to that effect from the authority only has also to be produced. The petitioner would contend that as is evident by Ext.P2, the petitioner had produced along with his application a non-registration certificate in respect of the date of birth of the petitioner’s brothers and sisters was also produced as required in Ext.P3. But by Ext.P5 order, the W.P.(c)No.19118/03 3 Joint Commissioner for Government Examinations rejected the petitioner’s application on two grounds namely, 1) the petitioner has not produced the birth certificates of other siblings, who were born after 1970 although registration of birth was compulsory from 1.4.1970 onwards and 2) that the petitioner’s father’s name was shown differently in different records as ‘Hussan’, ‘Hussain’ and ‘Ussan’. A third ground was also mentioned to the effect that in the SSLC Book, the petitioner’s place of birth is shown as Mongam although he was stated to be born at the District Hospital, Manjeri, in the affidavit filed by the petitioner. Later on, the petitioner obtained Exts.P7 and P8 certificates from the Village Officer, Marayoor and the Secretary of the Marayoor Grama Panchayat certifying that his father ‘Hassan’, ‘Hussain’ and ‘Ussan’ are one and the same person. The petitioner filed an appeal before the Government and by Ext.P9 order, the Government remanded the matter to the Joint Commissioner of Government Examinations for fresh consideration, after conducting a spot verification of the birth register of the Municipality. Thereafter, the Joint Commissioner passed Ext.P10 order, wherein it has been stated that the spot W.P.(c)No.19118/03 4 verification revealed that in the birth register, the petitioner’s father’s name was incorporated on 27.1.2000, after twenty five years from the date of registration of birth of the applicant. Thereafter, on the same grounds as in Ext.P5, the application for correction of date of birth of the petitioner was rejected. The petitioner challenges Ext.P10 order seeking the following reliefs: “i) Call for the entire records leading up to Exhibit P10 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders, or directions; ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 2nd respondent to correct the date of birth of the petitioner as 15-3-1975, in his S.S.L.C Book having register No.407731, forthwith”. 2. No counter affidavit has been filed by the respondents. But the learned Government Pleader appearing for the respondents argues in support of the impugned order on the same reasons mentioned therein. 3. I have considered the rival contentions in detail. I am of opinion that the Government having issued Ext.P3 instructions regarding the procedure to be adopted in the matter of considering applications for correction of dates of birth, the Commissioner cannot add further conditions to the same. As W.P.(c)No.19118/03 5 per Clause 5 of Ext.P3, the essential documents to be produced are specifically mentioned therein. Sub Clause (ii) thereof reads thus: “Certificate of Birth obtained from the Registrar of Birth/Deaths of the respective Panchayat/Municipality/Corporation in respect of all the children born to the parent of the applicant. In the case of those who belong to Christian community. Baptism Certificates indicating the date of birth should also be produced. If the birth has not been registered at the office of the Registrar of Births and Deaths in the case of children other than the applicant non-registration certificate to that effect from authority has also to be produced”. That clause gives an option to an applicant for correction of date of birth to produce non-registration certificate from the office of the Registrar of Births in the case of children other than the applicant. As is revealed from Ext.P5, the petitioner had produced a non-registration certificate in respect of the other siblings. That shows that the births of the other siblings were not registered with the Registrar of Births. Of course, the registration of births and deaths provides for registration even long after the birth by following the procedure prescribed therein. But that can be done only by the person, who wants his birth to be so registered. The petitioner cannot request for registration of birth of his brothers and sisters. He cannot also W.P.(c)No.19118/03 6 compel his brothers and sisters to get their birth registered following such procedure. As such all what the petitioner can do is to obtain a non-registration certificate, which the petitioner has done. When Ext.P3 directs an applicant to produce such a non-registration certificate in support of his claim for correction of date of birth, the Joint Commissioner of Government Examinations cannot insist on production of the non-existing birth certificate of his brothers and sisters born after 1970 as a condition for allowing his application for correction of date of birth. That being so, the first ground in Ext.P10 cannot be accepted as a legal ground for rejection of the petitioner’s application for correction of date of birth. As far as inclusion of the petitioner’s father’s name in the birth register after twenty five years, it is not disputed before me that the name of the petitioner’s mother and their house name was specifically included in the birth register. The information for registration of birth is forwarded by the hospital. Apparently, the hospital did not include the name of the petitioner’s father in the information supplied to the Registrar of Births and Deaths. That is why the petitioner’s father’s name had to be included in the birth register after twenty five W.P.(c)No.19118/03 7 years when the petitioner realized that the father’s name is not included in the birth register. That cannot be considered as a suspicious circumstance to dispute the correctness of the date of birth as claimed by the petitioner. As far as the difference in names of the petitioner’s father in various records is concerned, the petitioner has produced certificates from the Village Officer and the Secretary of the Grama Panchayat certifying that his father is known by three different names. It is not uncommon in the Malabar area among muslims that one person is known by different names with slight variation. Here, names ‘Hassan’, ‘Hussain’ and ‘Ussan’ are very similar names and the appropriate authorities have certified that the petitioner’s father is known by all the three names. That being so the third reason also cannot be a reason to deny the petitioner’s application for correction of the date of birth. The fact that the petitioner's place of birth is shown in one place as Mongam and in another as District hospital Manjeri is not capital enough to disbelieve the birth certificate of the petitioner when the petitioner is actually a native of Mongam and the petitioner was born at the District Hospital Manjeri. Consequently, Ext.P10, which rejects the petitioner’s W.P.(c)No.19118/03 8 application for correction of date of birth on the above grounds, is liable to be quashed. I do so. The second respondent is directed to re-consider the application and pass fresh orders on the application of the petitioner for correction of date of birth in the light of the findings made above as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.19118/03 9 W.P.(c)No.19118/03 10