IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 31494 of 2011(J) -------------------------- PETITIONER: --------------- THANKAMMA.K.C @ THRESSIA, D/O.THRESSIAMMA CHACKO,EDIMALIL HOUSE,N.C.C.ROAD, KALLUR,MATTANNUR.P.O,KANNUR DISTRICT PRESENTLY WORKING AS UPPER PRIMARY SCHOOL ASSISTANT (U.P.S.A),KALLUR NEW UPPER PRIMARY SCHOOL, KANNUR DISTRICT. BY ADV. SRI.B.KRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM – 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT, PIN – 670 001. 3. THE HEADMASTER, KALLUR NEW UPPER PRIMARY SCHOOL, P.O.KALLUR, KANNUR DISTRICT. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 31494/11 PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE BAPTISM CERTIFICATE DATED 3.1.2009 EXT.P2: TRUE COPY OF BAPTISM CERTIFICATE SHOWING THE DATE OF BIRTH OF PETITIONER'S ELDER BROTHER. EXT.P3: TRUE COPY OF THE CERTIFICATE DATED 16-2-2009 EXT.P4: TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KELEKAM. EXT.P5: TRUE COPY OF THE LETTER SENT BY THE IST RESPONDENT DATED 13-9-2010 EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 30-4-2011 EXT.P7: TRUE COPY OF THE COMMUNICATION SENT TO THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.31494 of 2011 -------------------------------------------------- DATED THIS THE 6th DAY OF DECEMBER, 2011 JUDGMENT The petitioner herein is aggrieved by Exhibit P7 communication of the Assistant Educational Officer, which is addressed to the Headmaster of the school. 2. The petitioner filed an application for correction of the date of birth in the service book. It is the case of the petitioner that the date of birth is liable to be corrected as 7.11.1958 instead of 10.5.1957. 3. Exhibit P5 is the communication issued by the Government addressed to the Assistant Educational Officer directing the Assistant Educational Officer to examine the case as per the provisions in G.O.(P)No.45/91/P&ARD dated 30.12.1991 and forward the proposal along with the specific remarks. 4. Exhibit P6 is the representation submitted by the petitioner before the Government. A reading of Exhibit P7 will show that the Assistant Educational Officer is of the view that the application cannot be entertained and accordingly the service W.P.(C)No.31494/11 -2- book and other enclosures were returned. The view taken therein is that various defects are there and the application for correction of date of birth shall be one made within five years of one's entry in the service. 5. The learned counsel for the petitioner submitted that the Government alone can consider the merits of the claim and the Assistant Educational Officer was obviously required only to forward the papers along with the specific remarks in the matter and therefore Exhibit P7 cannot be supported. 6. The learned Government Pleader submitted that the application of the petitioner on the merits if considered will only result in rejection of the same and hence Exhibit P7 was issued. 7. Evidently, in Exhibit P5, the Government wanted the specific remarks to be forwarded. The power to consider the matter on the merits and to reject or allow the application is vested with the Government. Therefore, the Assistant Educational Officer should not have returned the documents stating that the application cannot be entertained. He was expected to forward it along with the specific remarks regarding the merits of the claim. W.P.(C)No.31494/11 -3- 8. In that view of the matter, the petitioner will re-submit the application through the Headmaster to the Assistant Educational Officer, who will forward it to the Government with specific remarks, as sought for by the Government. The same will be done expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Assistant Educational Officer for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn