IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23706 of 2004 Between: Sistla Hanumath Sastry, S/o. Suryanarayana, R/o. Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by the Secretary, Board of Secondary Education, Saifabad, Hyderabad. 2 The Secretary, Intermediate Education, Hyderabad. 3 The Director of School Education, Andhra Pradesh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a direction, order or writ, more particularly one in the nature of Writ of Mandamus (a) declaring the action of the Respondents in not honoring the mandatory direction issued by the Learned Principal Munsif Magistrate, Narsaraopet in Original Suit No.104 of 1995, dated 24-6-1996 as arbitrary, illegal, unjust and violative of Article 14 of the Constitution of India; (b) Consequently direct the Respondents to comply with the judgment and decree of the Learned Principal Munsif Magistrate, Narsaraopet in Original Suit No. 104 of 1995, dated 24-6-1996 by correcting the date of birth as 20-12- 1969 as against 25-7-1968; (c) further declare that the Petitioner is entitled to the costs for having thrust this unwarranted litigation and pass such other and further order or orders Counsel for the Petitioner:MR.SIVA Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.23706 of 2004 ORDER: The petitioner filed O.S.No.104 of 1995 on the file of Prl. Munsif Magistrate, Narsaraopet seeking declaration of his date of birth as 20- 12-1969. The respondents herein were impleaded as defendants 1 to 3 in the said suit. The suit ended in decree granting relief sought for by the plaintiff. The petitioner/plaintiff submitted a representation to the respondents for correction of his date of birth in the Secondary School Certificate. The Commissioner, Director of School Education under letter, dated 06-05-1997 called for employment particulars from the petitioner/ plaintiff for taking necessary action on his representation. Hence, this Writ Petition by the petitioner/plaintiff. 2. The respondent No.3 filed counter affidavit. 3. Heard learned counsel appearing for the parties. 4. Learned counsel appearing for the petitioner submits that the respondents having suffered the decree in O.S.No.104 of 1995 cannot be permitted to call for employment particulars from the petitioner for taking necessary action on his representation. He would further contend that it is beyond the scope of the respondents in directing the petitioner to furnish the employment particulars for effecting the alteration of date of birth in Secondary School Certificate. It is evident from the decree and judgment passed in O.S.No.104 of 1995 that the defendants who are the respondents herein were directed to correct the date of birth entry in the Secondary School Certificate. The petitioner submitted the representation for alteration of date of birth in the Secondary School Certificate pursuant to the decree passed in O.S.No.104 of 1995. The Commissioner, Director of School Education – third respondent called for employment particulars for taking necessary action. The tenor of the letter addressed to the petitioner by the Commissioner, Director of School Education indicates that his representation with regard to alteration of date of birth in Secondary School Certificate is still pending consideration. 5. In that view of the matter, the Writ Petition is disposed of reserving the liberty to the petitioner to submit necessary particulars as called for by the third respondent in letter, dated 06-05-1997. On furnishing such information, the third respondent shall pass appropriate orders on the representation of the petitioner, dated 23-10- 1996. _____________________________ B.SESHASAYANA REDDY, J 10th June, 2009 PN/KM HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.23706 of 2004 10th June, 2009