IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WA.No. 548 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.1998/2010 Dated 28/01/2010 .................... APPELLANT(S): -------------- V.G.RADHAMANI, HEAD CLERK, KODUMON GRAMA PANCHAYAT, PATHANAMTHITTA DISTRICT, RESIDING AT POWATH MEMURIYIL, MANGIRAM P.O., PATHANAMTHITTA DIST. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SECRETARY, PARIKSHA BHAVAN, POOJAPURA, TRIVANDRUM. 3. DIRECTOR OF PANCHAYATS, GOVERNMENT OF KERALA, TRIVANDRUM. 4. SECRETARY, KODUMAN GRAMA PANCHAYAT, ADOOR, PATHANAMTHITTA DIST. GOVT.PLEADER SMT.R.BINDU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.548/2010 ------------------------------ Dated this, the 26th day of March, 2010 JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. The writ petition was filed, challenging Ext.P2 communication issued by the Government. By that communication, the Government rejected her application dated 29.9.2009, praying to condone the delay in applying for correction of the date of birth in the school records. The appellant passed the S.S.L.C. Examination in 1971. As per Rule 3 of Chapter VI of the Kerala Education Rules (for short “the Rules”), she should apply for correction of the date of birth in the school records within 15 years, that is, at least in 1986. But, she has chosen to apply only in 2009. Of course, the Government have the power to condone the delay. But, as per the Rules, if the applicant has crossed the age of 50, the delay cannot be condoned. In view of the said position, the appellant's application to condone the delay dated 29.9.2009 WA No.548/2010 - 2 - was rejected by Ext.P2 communication dated 19.11.2009. Going by the Rules, the action of the Government is perfectly valid. The appellant does not challenge the relevant rules. In view of the above position, the learned Single Judge rightly upheld Ext.P2 and dismissed the Writ Petition. Accordingly, the Writ Appeal fails and it is dismissed. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.