IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23613 of 2008 Between: Nusrath Shahezadi D/o. Mohd. Faroorq Ali R/o. H.No. 12-2-835/2, Sri Ram Nagar, Mehdipatnam, Hyderabad. ..... PETITIONER AND 1 Nirmal English Medium School, Rep. by its Principal Nirmal, Adilabad District. 2 The District Educational Officer Adilabad District, Adilabad. 3 The Director of School Education Hyderabad, A.P. .....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 issue a writ order or direction more particularly one in the nature of writ of Mandamus directing the 3rd Respondent to consider and pass appropriate orders on petitioner applications dt. 6-9-2008 and 6-9- 2008 seeking change of date of birth and change of gender expditiously in the interest of justice and pass Counsel for the Petitioner:MR.MOHD.ZIA-UL-HAQ Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 23613 of 2008 ORDER: The petitioner is a student of first year L.L.B. The date of birth of the petitioner was recorded in the S.S.C marks sheet issued by the 1st respondent school as 7.7.1977. The petitioner who claims that her correct date of birth is 7.7.1979, alleged that in the marks sheet the date of birth was wrongly shown as 7.7.1977 and even the gender was wrongly shown as male instead of female. In the circumstances, she made an application on 16.4.2008 to the Secretary, Board of Secondary Education, A.P., Hyderabad, requesting for correction of her date of birth as well as the gender. Since no action was taken, the petitioner approached the 2nd respondent-District Educational Officer, Hyderabad, who advised her to approach the 1st respondent-School where she passed 10th Class. Accordingly the 1st respondent-School addressed a letter to the 2nd respondent-District Educational Officer on 6.9.2008, requesting to take necessary action. However the respondents 2 and 3 failed to take any action for correction of the petitioner’s date of birth as well as gender in the marks sheet. Hence, the present writ petition seeking a declaration that the action of the respondents is arbitrary and illegal. A counter affidavit is filed on behalf of the 2nd respondent-District Educational Officer, Adilabad stating that as per G.O.Ms.No.1263, dated 6.5.1961 and G.O.Ms.No.430, dated 31.12.1992, under which the rules for correction of date of birth/alteration of date of birth were made, the petitioner’s application which was received after a period of three years from the date of completion of the S.S.C., cannot be considered. I have heard the learned counsel for both the parties. The rules governing the correction of date of birth in the Secondary School Leaving Certificate, Higher Secondary Certificate or Higher Secondary (MP) Certificate were made by the Government vide G.O.Ms.No.1263, dated 6.5.1961. The said rules underwent amendments from time to time and vide G.O.Ms.No.430, dated 31.12.1992 Rule 11 of Section A of G.O.Ms.No.1263, dated 6.5.1961 was substituted as under:- “ The Director of School Education is empowered to entertain and to effect corrections or alterations in respect of the applications for Correction or Alteration of the Date of irth in completed SSLC/HSC/HS(MP)/SSC. However no application for such correction/alteration of Date of Birth in the said completed certificates shall be entertained after a period of three years from the date of completion of the said course.” It is clear from the above Rule that no application for correction/alteration of date of birth in completed SSLC/HSC/HS(MP)/SSC certificates shall be entertained, after a period of three years from the date of completion of the said course. Admittedly, in the instant case, the petitioner completed the SSC long back in the year 1992 and she sought for the correction of the alleged mistake of the date of birth in the year 2008 i.e., after a lapse of 16 years from the date of completion of S.S.C. The same being contrary to Rule 11 of the rules made under G.O.Ms.No.1263, dated 6.5.1961, the petitioner’s request was rightly rejected by the respondents and the same cannot be held to be arbitrary or illegal on any ground whatsoever. The Writ Petition is accordingly dismissed. No costs. _______________ Justice G.Rohini Date:30.04.2009 mrb