IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WA.No. 880 of 2009(V) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32948/2008 Dated 10/11/2008 .................... APPELLANT/PETITIONER IN WPC. ------------------ M.ABUBAKKAR, PREVENTIVE OFFICER, EXCISE CHECK POST, WALAYAR, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS/ RESPONDENTS IN WPC. ------------------------ 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GENERAL EDUCATION (G) DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE CONTROLLER OF EXAMINATIONS, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. SENIOR GOVT.PLEADER, SR.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A. NO. 880 OF 2009 ----------------------------------------- Dated 25th May, 2009. JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. The writ petition was filed, challenging Ext.P9 communication of the Government dated 30.8.2008, rejecting his application for condoning the delay in applying for correction of date of birth in his S.S.L.C. book. 2. The facts of the case are the following: The appellant passed the S.S.L.C examination in 1975. The date of birth shown in his S.S.L.C book is 26.2.1956. According to him, the correct date of birth is 26.8.1956. That is evident from Ext.P1 copy of the admission register of A.L.P. School, Kavassery. The appellant noticed the above discrepancy only very recently. He wanted to move the Commissioner for Government Examinations to correct his date of birth in the S.S.L.C. book. Since the time limit for applying for the same is over, he moved the Government for condoning the delay. But, as per the Rules, the delay can be condoned, if only WA 880/2009 2 application for the same is submitted before the Government by the applicant before attaining the age of 50. Admittedly, the appellant has crossed that age limit. Therefore, the application has been rejected by the Government, relying on Rule 3 of Chapter VI of the Kerala Education Rules (for short “KER”). The decision of the Government is communicated to the appellant under Ext.P9. Challenging that communication, the Writ Petition was filed. The Writ Petition was dismissed by the learned Single Judge and hence this appeal. 3. We find nothing wrong with Ext.P9 and the same has been issued as per the provisions of the KER. Since the appellant has already crossed the age of 50, the application for condoning the delay in submitting the application for correction of his date of birth in the S.S.L.C book cannot be entertained by the Government. In the result, the appeal fails and it is accordingly dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. nm/