IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WA.No. 1280 of 2010 ----------------------- AGAINST THE JUDGEMENT IN WPC.32577/2009 DATED 13.11.2009 .................... APPELLANT/PETITIONER --------------------------- P.G.JOY,S/O.GEORGE, AGED 54 YEARS, ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD,KALIKKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPAPRTMENT,SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPPURA, TRIVANDRUM. 3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,TRIVANDRUM. R1 & R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R3 BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1280 of 2010 ------------------------------------------ Dated this the 3rd day of February, 2011 JUDGMENT J.Chelameswar, C.J. Aggrieved by judgment dated 13th November, 2009 in W.P.(C) No.32577 of 2009, the unsuccessful petitioner therein preferred this writ appeal. 2. The writ petition is filed with the prayers as follows: “(i) call for the records relating to Exhibits P-16 and P-17 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent to correct the date of birth of the Petitioner in his S.S.L.C.Book forthwith. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to enter the correct date of birth of the Petitioner in his Service Book. (iv) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3 In substance the dispute revolves around the right of the appellant to seek correction of the entry of date of birth in his service W.A. No.1280 of 2010 - 2 - records. According to the appellant, his date of birth is 29.6.1956. However, in the school records it is entered as 2.7.1955. The appellant claims that he realised the mistake for the first time in the year 1982 and went on making representations seeking correction of the date of birth. Finally, in the year 2009 he approached this Court by way of the above mentioned writ petition. The writ petition was dismissed. 4. The appellant could not place anything before this Court which entitles him to seek a relief such as the one sought in the writ petition except making a submission that there is enough evidence to justify his claim. The question is not one of evidence, but the question is one of legal right to seek the remedy from this Court. We do not see any reason to interfere with the judgment under appeal. The writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns