IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14862 of 2009 Between: D.V. Manobhiram, S/o. Yadagiri Rao, R/o. Plot No. 402, Bhagya Sree Apartments, Tarnaka, Secunderabad. ..... PETITIONER AND 1 The Principal Secretary to Government of A.P. School Education, Secretariat Buildings, Secretariat, Nampally, Hyderabad. 2 The Principal Secretary to Government of A.P. Higher Education, Secretariat Buildings, Secretariat, Nampally, Hyderabad. 3 Board of Secondary School Education, Nampally, Hyderabad. 4 Board of Secondary Intermediate Education, Nampally, Hyderabad. 5 A.P. State Council for Higher Education, 1st Floor, JNTU, Masab Tank, Campus, Mahaveer Marg, Hyderabad. 6 District Educational Officer, Collectorate Complex, Ranga Reddy District, Lakdi-ka-pool, Hyderabad. 7 Montissori High School, Vijanagar, Allwyn Colony Road, Kukatpally District. 8 Mahatma Gandhi Institute of Technology, Chaitanya Bharathi Post, Gandipet, Hyderabad. 9 Khammam Municipality, Rep by its Commissioner, Khammam, Khammam District. 10 V-Tech Junior College, 25/3RT, S.R. Nagar, Hyderabad. .....RESPONDENTS 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 orders more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 1 to 8 and 10 in not correcting the petitioner's date of birth as 28-5-1990 in the place of the recorded date of birth as 28-5- 1991 in all the educational records relating to the petitioner as illegal, arbitrary, against all settled principles of law, justice and fair play and consequently direct the respondents 1 to 8 and 10 to rectify the petitioners date of birth as 28-5-1990 in the place of the recorded date of birth as 28-5-1991 in all the educational records relating to the petitioner and may Counsel for the Petitioner: MRD.V.CHALAPATHI RAO Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 14862 of 2009 O R D E R : The petitioner seeks a declaration that the alleged inaction on the part of the respondents 1 to 8 and 10 in correcting the petitioner’s date of birth as 28.05.1990 in all his educational records is arbitrary and illegal. The petitioner had passed the SSC from the 7th respondent- school in the examinations in March, 2006. It is not in dispute that in all the school records the petitioner’s date of birth was recorded as 28.05.1991 as declared by his parents. However, it is stated that subsequently, the parents of the petitioner came to know that his correct date of birth is 28.05.1990. Accordingly, they made a representation before the 7th respondent-school for rectification of the entries in the school records. On the basis of the said application dated 09.02.2009, the 7th respondent-school addressed a letter dated 17.07.2009 to the 6th respondent-District Educational Officer, Ranga Reddy District requesting to take the necessary action. Alleging that the 6th respondent failed to take any further steps pursuant to the letter of the 7th respondent dated 17.07.2009, the present writ petition is filed. I have heard the learned counsel for the petitioner. Learned Government Pleader for School Education, who accepted notice for the respondents 1 to 6, under instructions stated that the alteration of date of birth in the school leaving certificate and other school records is governed by the Rules made under G.O.Ms.No.1263 Education, dated 06.05.1961 and Rule 11 of the said Rules was amended vide G.O.Ms.No.430 Education (EE.1) Department dated 31.12.1992 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 birth 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” From the above, it is clear that the Director of School Education is the competent authority to entertain the applications of the date of birth in school records if the same is made within a period of three years from the date of completion of the SSLC/HSC/HS(MP)/SSC. Having regard to the rule position, the writ petition is disposed of granting liberty to the petitioner to make an appropriate application before the Director of School Education, A.P., Hyderabad with regard to the alteration of his date of birth in the school records. If any such application is made furnishing all the relevant supporting documents, the same shall be received and considered in accordance with law. No costs. ______________ G. ROHINI, J Date: 27-07-2009 Note: Issue C.C. in 3 days. B/o KLP