1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.489 of 2011 and M.P.(MD)No.1 of 2011 M.Balasubramanian : Petitioner vs. 1.The Director of School Education, Nungambakkam, Chennai. 2.The Head Master, Sree Kumaragurubara Swamigal Higher Secondary School, Srivaikundam, Tuticorin District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in O.Mu.No.93468/M/E3/10, dated 29.09.2010 and quash the same as devoid of merits and direct the respondents to change the date of birth of the petitioner's son B.Manikandan in the Transfer Certificate as well as in the Statement of Marks issued for the 10th Standard based on the birth certificate of Master B.Manikanan, within a period stipulated by this Court. For Petitioner : Mr.T.Ramasamy For Respondent No.1 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For Respondent No.2 : Mr.K.K.Kannan ORDER The petitioner has come forward to file the present Writ Petition seeking for a relief in favour of his son B.Manikandan. The claim of the petitioner was that the first respondent, the Director of School Education, Chennai, by order dated 29.09.2010, refused to correct the date of birth in the school records, which is originally shown as "10.01.1992" instead of "09.03.1994". Challenging the same, the present Writ Petition came to be filed. 2. When the Writ Petition came up on 12.01.2011, the learned Additional Government Pleader took notice on behalf of the first respondent. On notice from this Court, the first respondent has filed a counter-affidavit dated-Nil. The circumstances under which the petitioner's case cannot be considered are set out in paragraph No.5, which is as follows: https://hcservices.ecourts.gov.in/hcservices/ 2 "5. The respondent further submits that in the above writ petition the petitioner himself admits that the date of birth was furnished only by his parent/guardian at the time of his admission into school and the same has been entered in the school records and SSLC Book. As per Subsidiary Rule 5 of the SSLC Scheme, request for alteration of date of birth cannot be considered after a pupil completed school course, appeared for the SSLC Public Examination, marks entered therein and the certificate was issued. The parents or guardian cannot give a particular date of birth at the time of admission into school circumventing the minimum age rules for admission of pupil at a later date make claim for change of date of birth to the petitioner's convenience and purpose. Further the parent could have taken necessary steps to rectify the mistake at the time of signing the declaration in the SSLC Book if it was a genuine one. The petitioner also should have confirmed the correctness of his date of birth as entered in the SSLC book at the time wherein it was issued to him." 3. It is also brought to the notice that in identical circumstances, this Court in W.P.No.4244 of 1965, dated 26.10.1965 and W.P.No.18085 of 1999, dated 17.11.1999, has negatived such claim. In the absence of any established right for correcting the old document on the basis of assertion, no such direction can be given and this Court does not find any irregularity in the order passed by the first respondent. Hence, the Writ Petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To The Director of School Education, Nungambakkam, Chennai. +1cc to Mr.K.K.Kannan, Advocate, Sr.No.40427 +one cc to Special Government Pleader, Sr.No. 40382 Order made in W.P.(MD)No.489 of 2011 Dated:- 16.11.2011 sml/sma/29.11.2011/4c/2p https://hcservices.ecourts.gov.in/hcservices/