IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 1345 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 04/10/2007 in WP NO : 3535 OF 2006 on the file of the High Court.) Between: The Director of School Education, Government of Andhra Pradesh, Hyderabad ..... APPELLANT AND S.M.Rajeshwara Rao S/o.Late S.Madhava Rao Nellore District .....RESPONDENT Counsel for the Appellant : GP FOR SCHOOL EDUCATION Counsel for the Respondent: MR.P.NAVEEN RAO The Court made the following : JUDGMENT : (Per Hon’ble Sri Anil R.Dave, CJ) Being aggrieved by an order, dated 4 th October 2007, passed in writ petition No.3535 of 2006, this appeal has been filed by the original respondent. By virtue of the order passed in the writ petition, the appellant-original respondent has been directed to change the date of birth of the writ petitioner as shown in the concerned record. The circumstances in which the aforesaid issue has arisen, are as under; The date of birth of respondent, according to his school record, was 9th July 1955. According to him, the date of birth was incorrectly recorded. As the correct date of birth, according to him, was 20th January 1957, he had ﬁled a suit in the Court of Principal Junior Civil Judge at Kamareddy, being O.S.No.159 of 2001 for necessary declaration. In the said suit, the Government authorities, namely, the Collector and authorities concerned with Education Department, the Executive Oﬃcer of Grampanchayath, are depicted as defendants. Ultimately, after considering the evidence, the trial Court passed the following decree ; “That the plaintiff is entitled for declaration of his date of birth as 20-1-1957 instead of 9-7-1955 and he is entitled for subsequent rectiﬁcation of date of birth in the records of defendants No.2 to 5. However, considering the arguments putforth by the learned A.G.P. and in view of the G.O.Ms.No.94, Finance and Planning (FW.FI.I) Department, dt.15-3-1994, it is made clear that the plaintiﬀ shall not seek for alteration of date of birth in the service records basing on the altered date of birth entries in the school records. In view of this G.O., no subsequent corrections in the service register can be made basing on the subsequent variation of date of birth in Education records.” The aforesaid decree has become final. In pursuance of the aforesaid decree, the date of birth of respondent in the school record, will have to be changed. But, it has been clariﬁed in the decree that no subsequent corrections in the Service Register would be made. Upon having the aforesaid decree, the respondent approached the Director of School Education with a request to make necessary change of his date of birth in the Secondary School Leaving Certificate and school records. By passing order, dated 2nd July 2005, the Director of School Education has refused to make any change by relying upon certain circulars issued by the Government. Being aggrieved by the aforesaid order, dated 2nd July 2005, the respondent has ﬁled the aforesaid writ, being writ petition No.3535 of 2006. After hearing the concerned advocates, the learned single Judge has allowed the writ petition by directing the present appellant to make necessary changes in the Secondary School Leaving Certiﬁcate and school records. It is pertinent to note that the learned Single Judge has not given any direction with regard to making change in the date of birth, which is reflected in the Service Record of the respondent. The learned advocate appearing for the respondent-employee has also clariﬁed before us that the respondent does not want any change in the Service Record because, he is conscious of the fact that the decree, which has been passed in his favour, does not permit him to get his service record changed. Thus, it has been clariﬁed that ultimately, on the basis of the change made in the School Leaving Certiﬁcate and in the school record, no change of whatsoever type shall be made in his date of birth in the Service Record. From the above facts, it is very clear that apprehension of the learned Government Pleader that after getting the birth date as recorded in the school records changed, the respondent might make another request for change of his date of birth in the service record, is not well-founded. In view of the above fact, we do not ﬁnd any mistake committed by the learned single Judge in passing the impugned order. With the aforesaid clariﬁcation, the appeal is dismissed. No order as to costs. _________________ ANIL R. DAVE, CJ 14th November 2008 ______________________ R. SUBHASH REDDY, J ajr