IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 5988 of 2009(P) ------------------------------------- PETITIONER(S): ----------------------- EBRAHIM S.K., S/O.KATHIR, SRAMBIKAL, PALLARIMANAGALM, ERNAKULAM DISTRICT. BY ADV. MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): ------------------------- STATE OF KERLA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ================== W.P.(C) No.5988 of 2009 ===================== Dated this the 25th day of February, 2009. JUDGMENT Heard Sri. P.V.Baby, the learned counsel appearing for the petitioner. 2. The petitioner is presently working as Attender in the Pothanicad Farmers Service Co-operative Bank Ltd. His date of birth in the school records and in the service book is 15.4.1951. The petitioner contends relying on Ext.P2 extract from the register of births and deaths that he was born on 10.4.1952 and therefore, the date of birth in the school records and in the service book is incorrect. Armed with Ext.P2, he moved the Government to condone the delay in filing the application before the Commissioner of Government Examinations to correct the date of birth in the school records and in the Secondary Leaving School Certificate. That application was turned down by Ext.P3 letter 5.1.2009 wherein the Government took the stand that in view of Rule 3 of Chapter VI of the Kerala Education Rules, hereinafter referred to as the “KER” for short, his request cannot be acceded to. Hence this Writ Petition. 3. The petitioner's date of birth as per the school records is 15.4.1951. Relying on Ext.P2 he contended that his date of birth is 10.4.1952. Going by the said date of birth, the petitioner has completed 50 years of age as on 30.12.2008 when he moved the Government to WP(C) 5988/09 -: 2 :- condone the delay in moving the Commissioner of Government Examinations. Sub-rule (1) (1A) of Rule 3 of Chapter VI of the KER prescribes a time limit of fifteen years from the date of leaving the school or the date of appearing for the S.S.L.C. Examination for the last time whichever is earlier, for entertaining requests for correction of date of birth in the school records. However, the Government is empowered to condone the delay in making such an application provided the applicant has not completed 50 years of age as per the original entry in the school records. In the instant case, even on the petitioner's own showing, he had completed 50 years of age when he moved the Government to condone the delay in filing the application for correction of date of birth. In view of the Note to Rule 3 (1A) of Chapter VI of the K.E.R., the Government could not have entertained such an application. The application was therefore rightly rejected by the Government. The challenge made by the petitioner to the rejection of his application is therefore unsustainable. For the reasons stated above, I hold that there is no merit in the Writ Petition. The Writ Petition fails and is dismissed in-limine. P.N.Ravindran, Judge. ess 10/3