IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WA.No. 2253 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.27892/2008 DATED 23/09/08 .................... APPELLANT/PETITIONER: ---------------------------------- S.ASOKAN, DEPUTY CHIEF ENGINEER, (PROJECT MANAGER) DIESEL POWER PROJECT KSEB, NALLALAM P.O., KOZHIKODE. BY ADV. SRI.ELVIN PETER. SRI.S.RAMESH BABU RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPPURA, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2253 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2008 JUDGMENT A.K.BASHEER, J. Appellant is stated to be working as Deputy Chief Engineer(Project Manager), in the Diesel Power Project under the Kerala State Electricity Board, at Kozhikode. 2. He had filed the writ petition praying for issue of a writ in the nature of certiorari to quash Exts.P7 and P9 orders passed by the Government rejecting his prayer to correct his date of birth in the Secondary School Leaving Certificate. 3. According to the appellant, his date of birth was wrongly entered in the certificate as November 10, 1953 instead of September 7, 1954. He contended that he came to know about the mistake only very late. Thereafter he had approached the Registrar of Births and Deaths in the Corporation of Thiruvananthapuram and obtained a Birth Certificate, pursuant to which he filed an application before the Government for correction of his date of birth. Admittedly, this application was filed only in March 2006. The prayer was rejected by the Government on the ground that the application for correction was not submitted within 50 W.A. No.2253 of 2008 -:2:- years of age as per the original entry in the SSLC book. This view was taken by the Government in tune with the Note contained in Rule 3 of Chapter VI of Kerala Education Rules. 4. The learned Single Judge held that the view taken by the Government was perfectly justified, particularly, in view of the statutory mandate contained in the Rule mentioned above. 5. It has to be noticed that date of birth is entered in the SSLC book on the basis of the data/information furnished in the school at the time of admission of the students. The appellant had passed the SSLC examination in the year 1974. He might have joined service a few years thereafter. It cannot be believed or assumed that petitioner was not aware of the alleged mistake in his date of birth before his entry in service or shortly thereafter. He has had nearly three decades of service to his credit. He has chosen to file the application for correction only on the eve of his superannuation. Going by the provisions contained in Rule 3 of Chapter VI , the power vested with the Government to condone the delay in making the application for correction has to be exercised only in deserving cases on merits, and that too only if the applicant is within 50 years of age. 6. Though the appellant contended that in a similar instance the Government had in fact condoned the delay and allowed corrections of date of birth in the case of another employee, the learned Judge noticed that in Ext.P9 W.A. No.2253 of 2008 -:3:- order which was impugned in the writ petition, the Government had explained the circumstances under which the said correction was carried out. 7. It is contended by learned counsel for the appellant that, apparently the Government was requested to invoke the inherent powers under Rule 3 of Chapter I KER which enables the Government to dispense with or relax the requirements of any rule under the Kerala Education Rules if it causes any undue hardship in any particular case, to such an extent as the Government may consider necessary, for dealing with the case in a just and equitable manner. It is contended by the learned counsel that the Government ought to have exercised the said extraordinary power and condoned the delay. We are unable to agree. Obviously the Government has not deemed it fit to invoke the power under the said rule, presumable since no question of justice or equity did arise in the case of the petitioner. 8. It has been repeatedly held, not only by this Court but by the apex court as well, on several occasions that belated attempt by an employee in Government service to get his/her date of birth corrected and that too at the fag end of the career, shall not be entertained at all. State of Punjab v. S.C.Chadha [(2004) 3 SCC 394]. 9. The appellant herein who is a Deputy Chief Engineer, under normal circumstances and going by the entry in his service records, he is due to retire in W.A. No.2253 of 2008 -:4:- 2009. He had filed the application to correct his date of birth at the fag end of his career. 10. Having regard to the entire facts and circumstances, particularly, in view of the long delay in filing the application, we do not find any illegality or irregularity in the view taken by the Government. The learned Single Judge, in our view, was justified in dismissing the writ petition. We do not find any ground to interfere with the impugned order. Writ Appeal fails and it is accordingly dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb W.A. No.2253 of 2008 -:5:-