IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20718 of 2008(N) PETITIONER: ------------ TILJO VARGHESE, S/O.V.A.VARGHESE VEMPLIATH HOUSE, NEAR PRIVATE BUS STAND, V.I.P.ROAD, ANGAMALY, ERNAKULAM-683572 BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXAMINATIONS, OFFICE OF COMMISSIONER OF EXAMINATIONS, POOJAPPURA, THIRUVANANTHAPURAM-695012. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20718 OF 2008 N -------------------------------------------- Dated this the 10th July, 2008 JUDGMENT The petitioner submitted Ext.P5(a) application before the Commissioner for Government Examinations for correction of date of birth in the S.S.L.C. Book of the petitioner. The existing date of birth in the school records is 22.3.1986. The case of the petitioner is that the correct date of birth is 22.3.1985. The grievance of the petitioner is that Ext.P5(a) application dated 10.8.2006 is not so far disposed of by the Commissioner for Government Examinations. It is stated in the Writ Petition that the petitioner got information from the Office of the second respondent that unless the date of birth of the petitioner's elder brother is also corrected in the school records the petitioner would not be entitled to maintain the application for correction of date of birth. 2. The petitioner relies on Ext.P1 birth certificate, which shows that his date of birth is 22.3.1985. Ext.P2 shows that Baptism of the petitioner was conducted on 19.5.1985. Ext.P3 Birth Certificate shows that Tinto Varghese, brother of the petitioner, was born on 6.5.1983 and Ext.P4 shows that he was baptized on 3.7.1983. Ext.P5(d) affidavit dated 5.8.2006 is sworn to by the petitioner wherein the date of birth of the petitioner and his elder brother are shown. Ext.P6 order was passed by W.P.(C) NO. 20718 OF 2008 :: 2 :: the Judicial Magistrate of the First Class-II, Aluva in C.M.P.No.2114 of 2006, granting the prayer made by the petitioner for correction of date of birth in the Indian Passport issued to the petitioner. It is submitted that based on Ext.P6 order, the date of birth of the petitioner was corrected in his Passport. 3. The petitioner submitted Exts.P7 and P8 representations to the Commissioner for Government Examinations pointing out the urgency in the matter of disposal of the application submitted by the petitioner for correction of date of birth. 4. The application submitted by the petitioner for correction of date of birth is to be disposed of. For ascertaining whether the date of birth entered in the school records is correct or not, the date of birth of the other members of the family would also be normally taken note of. It is submitted that the petitioner's elder brother was born on 6.5.1983 though his date of birth is entered in the S.S.L.C.Book as 6.5.1985. The date of birth of the petitioner is shown in the S.S.L.C.Book as 22.3.1986 while the petitioner says that his correct date of birth is 22.3.1985. If the date of birth of the petitioner's elder brother is taken as 6.5.1985 as shown in his S.S.L.C.Book, it is not possible to accept the contention of the petitioner that his correct date of birth is 22.3.1985. It is stated that the petitioner's W.P.(C) NO. 20718 OF 2008 :: 3 :: elder brother is working abroad and his school records including S.S.L.C.Book are with his employer. The submission of the learned counsel for the petitioner is that the petitioner is prepared to prove his correct date of birth before the Commissioner for Government Examinations. The petitioner is also prepared to prove the correct date of birth of his elder brother, it is submitted. But it need not be insisted that the date of birth of the elder brother of the petitioner is to be corrected for the purpose of maintaining the application for correction of the date of birth of the petitioner. The submission appears to be reasonable. While considering the application, the Commissioner for Government Examinations may taken note of this fact and if it is found that the petitioner was born on 22.3.1985 nothing prevents the second respondent in allowing the application. The second respondent shall dispose of Ext.P5(a) application in accordance with law within a period of two months from today. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/