IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WA.No. 829 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18436/2007 Dated 19/07/2007 .................... APPELLANT: PETITIONER --------------------- P.VIJAYALEKSHMI, W/O.BALAN, AGED 53 YRS, 'KARTHIKA', PARAMBIL BAZAR, KOZHIKODE. BY ADV. SRI.G.HARIHARAN RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DEPUTY SECRETARY, GENERAL EDUCATION (G) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT COMMISSIONER FOR GOVT.EXAMINATIONS PAREEKSHA BHAVAN, POOJAPURA, THIRUVANANTHAPURAM. BY Government Pleader MR.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. -------------------------------------------------------------------------------- Writ Appeal No.829 of 2008 -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The appellant was the writ petitioner. She retired from service on 28.02.2007. Her date of birth as per the school records which was entered in the service book also, was 05.02.1952. According to the petitioner, her correct date of birth is 10.03.1954. She wanted to get it corrected in the SSLC book. The delay in submitting the application for correction in the school records was condoned by the Government by an order in 1993. She submitted a valid application for correction of the date of birth in the school records only on 26.12.2005. The Commissioner for Government Examinations considered the application and rejected it. The petitioner appealed before the Government. The appeal was dismissed by Ext.P6 order. So, the Writ Petition was filed challenging Ext.P6. The learned single Judge declined to interfere with the said order and dismissed the Writ Petition as her efforts to get the date of birth corrected in the school records were found to be highly belated. The aggrieved petitioner has preferred this appeal. 2. We notice that no purpose will now be served by getting the date of WA NO.829/08 2 birth in the school records corrected. In view of the GO dated 30.12.1991, a Government servant who has completed five years of service as on the date of that order, should apply within one year of that GO for correction of date of birth in the service records. Such an application should be accompanied by the corrected school records also. In view of the above position, it is impossible for the petitioner to get her date of birth corrected in the service records now. So the present effort of the petitioner to get the date of birth corrected in the school records is a futile exercise. Further, we notice that on merits also, the petitioner does not have any case. She joined the school in September 1956. If her date of birth was 10.03.1954, she joined the first standard when her age was 2½ years. So the claim of the petitioner is plainly untenable on merits. For all the above reasons, we are not inclined to entertain this appeal. Accordingly, it is dismissed. K.BALAKRISHNAN NAIR,JUDGE 10.04.2008 P.N.RAVINDRAN, JUDGE WA NO.829/08 3 sta