IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 38097 of 2003(I) -------------------------- PETITIONER(S): ------------------- THRESIAMMA V.J. (THRESSIAMMA BABY), H.S.A., ST.MARY'S H.S.S., MULLANKOLLI, RESIDING AT PANAMPARAMBIL HOUSE, MULLAMKOLLI.P.O., PULPALLY, WAYANAD DISTRICT. PIN -673 579. BY ADVS. SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE RESPONDENT(S): ------------------------- 1. THE COMMISSINER OF EXAMINATIONS, PAREEKSHA BHAVAN, POJAPPURA, THIRUVANANTHAPURAM. 2 . THE STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38097 of 2003(I) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF APPLICATION DT. 28.10.2003 FROM THE PETITIONER TO THE 1ST RESPONDENT EXT.P2. COPY OF APPLICATION DT. 28.10.2003 FROM THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3. COPY OF FIRST PAGE OF S.S.L.C. BOOK OF THE PETITIONER. EXT.P4. COPY OF CERTIFICATE ISSUED BY THE VICAR, ST.THOMAS CHURCH, KURICHITHANAM, 21.2.79 EXT.P5. COPY OF DEATH CERTIFICATE PETITIONER'S SON BABY K.THOMAS DTD. 5.11.96. EXT.P6. COPY OF DEATH CERTIFICTE F PETITIONER'S SON CHARLES DT. 5.11.96. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE CPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.38097/2003-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of August, 2011 J U D G M E N T In this writ petition, the petitioner seeks for a direction to the respondents to consider the application for correction of date of birth in the S.S.L.C book and in the service book. 2. It is the case of the petitioner that her correct date of birth is 08/08/1950 but in the S.S.L.C book and service book, it is wrongly entered as 10/04/1949. She was appointed as High School Assistant on 01/07/1980. What is shown as the reason for the delay is that her husband died and she could not submit the application in time. 3. The respondents have filed a counter affidavit opposing the prayers of the petitioner. In paragraph (2) of the counter affidavit it is averred that the petitioner has not submitted any application in the prescribed form for correction of date of birth. As per the existing Rules, the correction of date of birth in school records and qualification certificate can be W.P.(C). No.38097/2003 -:2:- made only if the application is submitted in the prescribed format along with 8 items of documents which are detailed in para.2 of the counter affidavit. 4. It is pointed out that as per Rule 3 of Chapter VI of Kerala Education Rules, a time limit of 15 years from the date of leaving the school or the date of appearing the S.S.L.C examination is fixed for applying for correction of date of birth. In the case in hand, the petitioner left the school in the year 1968. Orders condoning the delay in making application for correction of date of birth in school records, in deserving cases, on merits, has to be obtained from the Government and has to be produced in such cases. The petitioner has failed to apply in the prescribed format and has failed to produce all the relevant documents. 5. It is further pointed out that the Commissioner for Government examinations cannot allow correction of date of birth on sympathetic grounds. 6. Evidently, the petitioner was aged 53 going by the averments in the affidavit filed in support of the writ petition. She has not obtained any order from the W.P.(C). No.38097/2003 -:3:- Government condoning the delay in submitting the application. Going by the averments in the counter affidavit, the petitioner has retired from service on 30/04/2004. Therefore, the question of correcting the date of birth in the S.S.L.C book and the service book does not arise at all. For all these reasons, the writ petition fails and the same is dismissed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms