IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.6674 of 2000 Between: Vedantham Gopala Krishnamacharyulu S/o. Late Sri Ramacharuyulu R/o. 22/13, MGK Murthy Lay Out, 6th Main, Chemarajpet, Bangalore, Karnataka State. ..... PETITIONER AND 1 State of Andhra Pradesh rep. by its Prl. Secretary, Education Department, Secretariat Building, Hyderabad. 2 The Director of School Education Andhra Pradesh, Saifabad, Hyderabad. 3 M/S. VIJAYA BANK, rep. by its Geneeral Manager (P&S) 441/2, M.G. Road, Trinity Centre, Bangalore-560 001 R3 is impleaded as per court order dt. 17-11-2004 in WPMP 27250 of 2004 .....RESPONDENT(S) 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 to issue a writ or order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 2nd respondent in not altering the petitioner's date of birth in his S.S.L.C. Register bearing No. 82093/B of the year 1959 in terms of the judgement and decree darted 22-7- 1994 in O.S. No. 301/1993 on the file of the court of the District munsif, Avanigadda and consequentlu direct the 2nd respondent to alter the petitioner's date of birth in his S.S.L.C. Register in terms of the judgment and decree in O.S No. 301/1993 and pass Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.6674 of 2000 ORDER: It is the case of the petitioner that he is presently working as an officer of Vijaya Bank at Bangalore. It is stated that he was born on 27-11- 1945, but, however, his date of birth was wrongly entered in the educational records as 25-09-1943 instead of 27-11-1945 and, therefore, to correct the date of birth, he filed O.S.No.301 of 1993 on the file of the District Munsif, Avanigadda, seeking mandatory injunction to direct the defendants therein to correct the date of birth in his S.S.L.C. Certificate and that the said suit was decreed on 22-07-1994. Pursuant to the said decree, the petitioner made a representation before the 2nd respondent to correct the date of birth in his S.S.L.C Certificate. But, the said representation has been rejected stating that at this juncture it is not possible to correct the date of birth, as he would be under aged for S.S.L.C. by two years two months 27 days. Therefore, the petitioner seeks to issue a Writ of Mandamus to declare the action of the 2nd respondent in not altering his date of birth in S.S.L.C. Certificate in terms of the judgment and decree, dated 22-07-1994 in O.S.No.301 of 1993 on the file of the District Munsiff, Avanigadda, as illegal and arbitrary and consequently, to direct the 2nd respondent to correct the date of birth in his S.S.L.C. Certificate. A counter has been filed stating that as per G.O.Ms.No.1263, dated 06- 05-1961 and G.O.Ms.No.430, dated 31-12-1992, the Director of School Education, A.P., Hyderabad, is empowered to entertain and effect the correction/alteration of date of birth, if any such application is received within three years from passing of S.S.L.C. It is further stated that in the instant case, the petitioner has not made any application for correction of the date of birth within the prescribed period. Even the suit was filed after 34 years from the date of passing S.S.L.C. examination. The S.S.L.C. examination was passed in the month of March, 1959 whereas the suit was filed in the year 1993 and obtained a decree in the year 1994. Therefore, the request of the petitioner has been rejected as it is not possible to entertain alteration of date of birth, after lapse of 37 years, as he would be under aged for S.S.L.C. by two years two months 27 days. Admittedly, the petitioner declared his date of birth in his service record as mentioned in S.S.L.C. Certificate disclosing the date of birth as 25- 09-1943 and having worked for a considerable time, five years before retirement, he has chosen to file a suit for correction of his date of birth in S.S.L.C. Certificate. I am of the opinion that after long lapse of time, even if such decree has been obtained, the same cannot bind on the 2nd respondent to alter the date of birth, basing on the civil court decree, and in fact, the order of the civil court is an ex-parte order. Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner is not entitled for any relief as sought for. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 17-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{NR}